Theorizing & Assessing the Inter-American Human Rights System’s Impact beyond Compliance

• In Event: Assessing the Impact of the Inter-American Human Rights System

Abstract

While much of the existing literature on the Inter-American Human Rights System has focused on states’ compliance with the Court’s rulings and implementation of the Commission’s recommendations, the IAHRS’ impact extends far beyond compliance. The IAHRS has had a variety of intended and unintended consequences, ranging from erga omnes effects, to mobilized constituents, to changes in constitutional law and beyond. This paper seeks to build upon and synthesize these empirical contributions. As such, this paper has two objectives. First, it aims to develop a theoretical framework that helps to explain the impact of the Inter-American human rights system beyond a strict understanding of compliance. Second, it offers a set of approaches to measure and assess the Inter-American human rights system’s impact. It concludes by outlining a future research agenda on understanding the impact of the Inter-American Human Rights System.

Author

• Courtney Hillebrecht, University of Nebraska-Lincoln