Compliance Agreements in the Inter-American Human Rights System

44 Pages Posted: 8 Dec 2021

See all articles by Aníbal Pérez Liñán

Aníbal Pérez Liñán

University of Notre Dame

Mariana Brocca

National University of Central Buenos Aires

Isabel Anayanssi Orizaga

affiliation not provided to SSRN

Date Written: November 29, 2021

Abstract

We identify and evaluate a legal instrument hitherto ignored in analyses of the Inter-American Human Rights System: compliance agreements. These agreements emerged as a tool to negotiate the implementation of recommendations made by the Inter-American Commission on Human Rights once the Commission has found states responsible for human rights violations. In the first part of the paper, we document the emergence of this legal instrument and its novel role in the system. In the second part, we provide statistical evidence from event-history and difference-in-differences models showing that agreements increase the probability of compliance and cut the expected time to compliance by half. Agreements thus contribute to a potential solution for the perceived crisis of compliance in the Inter-American Human Rights System.

This project was developed as part of Notre Dame Reparations Design and Compliance Lab. We are indebted to Gisela de León, Daniel García, and Jorge Meza for their valuable insights about the use of compliance agreements. Sara Atassi, Belen Carriedo, Ronan King, Carmen Lopez, Asha Mendis, Ally Morcus, and Shea Smith collaborated with the development of the project.

Keywords: Inter-American Commission on Human Rights, compliance agreements, impact, statistical models

Suggested Citation

Pérez Liñán, Aníbal and Brocca, Mariana and ORIZAGA INZUNZA, Isabel Anayanssi, Compliance Agreements in the Inter-American Human Rights System (November 29, 2021). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2021-26, Available at SSRN: https://ssrn.com/abstract=3974149 or http://dx.doi.org/10.2139/ssrn.3974149

Aníbal Pérez Liñán (Contact Author)

University of Notre Dame

Department of Political Science
2060 Jenkins Nanovic Halls
Notre Dame, IN 46556
United States

Mariana Brocca

National University of Central Buenos Aires ( email )

Gral. Pinto 399
Buenos Aires, Tandil B7000GHG
Argentina

Isabel Anayanssi ORIZAGA INZUNZA

affiliation not provided to SSRN

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