Inter-American Human Rights Experimentalism

Abstract

This chapter develops a distinct analytical perspective on understanding and evaluating the impact of the Inter-American Human Rights System. The analytical model developed in the chapter builds on experimentalist accounts of human rights governance  to argue that impact is dependent on the dynamically evolving relationships between international and national human rights standards, norms, institutions, and political practices. The perspective here on human rights impact emphasises the iterative interactions between international actors and institutions (such as the IAHRS) and local actors and institutions, and the human rights outcomes they generate. Unlike conventional enforcement models that prioritize clearly defined and specific norms, my approach emphasises the value of gradual interpretations and ongoing interactions. Through this iterative process, shared understandings of human rights norms are more likely to be fostered over time. Instead of focusing on the perceived weaknesses of institutional enforcement mechanisms, this chapter proposes a theory of institutional effectiveness centred on patterns of interaction and highlighting the potential for long-term impact through dynamic causal pathways that emerge over time. Similarly, in contrast to many compliance-focused human rights models, this chapter highlights how the IAHRS operates in practice, turning our analytical gaze away from the dominant focus on top-down imposition of human rights standards. Instead, the IAHRS’s institutional strength lies in its ability to generate continuous engagement and interaction between local and international actors and institutions. The chapter is divided into two main parts. The first part examines the transnationalisation of the IAHRS, mapping its institutional and normative development onto five key features of experimental human rights governance. The second part develops a specific understanding of IAHRS impact that emphasises the role of domestic actors as the driving force behind the System’s effectiveness, advancing an understanding of IAHRS impact through an iterative, interactive, and dynamic process. This approach signifies a shift away from one-off compliance and enforcement models and underscores the growing importance of decentralized human rights implementation. The conclusion highlights the analytical and normative benefits of framing the IAHRS as an experimental governance framework compared to alternative approaches.

Keywords: human rights, Inter-American Human Rights System, Inter-American Court of Human Rights, Regional human rights, Inter-American Commission on Human Rights, international human rights law, Latin America