LACK OF AN EFFECTIVE LEGAL REMEDY AGAINST ARBITRARY RESOLUTIONS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
Description
This article contends that the institutional design of the Inter-American Human Rights System (IAHRS) suffers from a serious procedural asymmetry because it offers member states no effective legal remedy to challenge arbitrary resolutions of the Inter-American Commission on Human Rights (IACHR), such as precautionary measures or final reports. By analyzing emblematic cases from Guatemala, Brazil, Peru, Uruguay and Argentina, it shows how this omission undermines state sovereignty, generates legal uncertainty and fosters perceptions of arbitrariness. The Commission accumulates investigatory, accusatory and decision-making functions without independent judicial oversight, which contradicts fundamental principles of due process and weakens the legitimacy of the system. As a solution, the article proposes creating a mechanism of judicial review within the Inter-American Court of Human Rights to ensure impartial scrutiny of certain Commission resolutions, thereby balancing the protection of human rights with procedural guarantees for states.
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Institutions
- Universidad de San Carlos de GuatemalaGuatemala, Guatemala