On September 3, 1979, in a solemn ceremony held at the National Theater of Costa Rica, the Inter-American Court of Human Rights was established, the same place where the American Convention on Human Rights had been signed ten years earlier. Judge Piza Escalante, its first president, highlighted its creation as a symbol of a long struggle of the American community for fundamental rights and freedoms, which, in turn, reflects that of all humanity.
Forty-five years have passed since then, and today we can proudly say that the Inter-American Court has established itself as one of the most important institutions in our America, an international benchmark in the protection of human rights. There is no doubt that its decisions have changed lives and transformed societies, contributing to dismantling deeply rooted structures in a violent and unequal region, bringing justice and hope to victims of human rights violations.
This anniversary offers us the opportunity to recall some of the most relevant jurisprudential contributions developed by the Court, which have been fundamental for the effective protection of human rights, democracy and the rule of law. This body of jurisprudence, developed over more than four decades, has become a regional beacon that guides and directs the effective protection of human rights.
At a time when, in various corners of our America, we are witnessing the erosion of democracies and their institutions, the consolidation of authoritarian regimes and dictatorships, and the persecution, imprisonment and even murder of those who dare to think differently, profess their faith or question the lack of integrity and transparency in electoral processes, it becomes crucial to remember the importance of institutions such as the inter-American system and the contributions of the IACHR in defending and strengthening the rule of law.
The Court has stated, for example, that freedom of expression is the cornerstone of democracy; that “if a society is not informed, it is not fully free,” recognizing, furthermore, that freedom of expression is a fundamental component for the exercise of other rights, of democracy itself, and of the transparency of government activities. It has also pointed out that the imprisonment or death of a journalist or human rights defender threatens the foundations of democracy and the freedoms that rest on it; that judicial independence is central to a State of law and that its infringement negatively impacts the checks and balances intrinsic to every democracy.
Furthermore, the Court has developed a vast body of jurisprudence regarding serious human rights violations, addressing issues such as forced disappearances, extrajudicial executions, torture and massacres, among others. It was the first international court to analyze the forced disappearance of persons and to establish the constitutive elements of this conduct. One of its most emblematic decisions refers to the incompatibility of self-amnesty laws with the American Convention, when it comes to serious human rights violations, which has allowed the dismantling of the frameworks of impunity created by these laws in various parts of the continent.
The IACHR has also developed a rich and relevant jurisprudence in favor of groups in situations of special vulnerability, including indigenous communities, migrants and displaced persons, LGTBIQ+ persons, persons deprived of liberty, persons with disabilities, and children, among others. I would especially like to highlight the important contributions in the area of violence against women and discrimination, an issue that continues to be one of the greatest challenges in our region. This jurisprudence has been key to making visible various regional problems that affect these groups and has established valuable standards for their protection.
Another key axis of its action is the jurisprudence on economic, social, cultural and environmental rights. Over these years, issues related to the right to health, education, work and pensions, among many others, have been addressed. In this line, a relevant issue that the Court is currently considering is the advisory opinion on the climate emergency and human rights, a clear demonstration of how the Court, in addition to dealing with the usual cases, is also facing the new challenges that exist in the matter, this being, without a doubt, one of the most transcendental issues facing humanity today.
Perhaps another notable aspect of the Court’s jurisprudence worth highlighting has been the development of the concept of comprehensive reparation and its different modalities. This has allowed its decisions to be not merely declarative or limited to economic compensation, but to have a transformative impact on both individuals and countries by addressing not only individual harm, but also the structural causes and consequences of human rights violations.
I would also like to highlight some of the Court’s pioneering initiatives that, in my opinion, have defined its institutional identity throughout history. This court has distinguished itself by its proximity to both victims and States. It has always listened directly to victims, to their suffering and hopes. Since its creation, it has monitored compliance with the reparations ordered in its judgments and the provisional measures it adopts, working hand in hand with the states of the region, closely with national actors, directly on the ground, to gather information, learn about realities and observe firsthand the implementation of its decisions. In addition, the Court takes measures to ensure that economic barriers do not impede access to inter-American justice, by creating the figure of the inter-American defender, the legal assistance fund for victims, and providing psychological support to affected persons.
All this and more has been done by operating with independence and resilience, becoming a bastion of hope and voice for thousands of victims, without any distinction. This is a reason for celebration and encouragement to continue, at a steady pace, in the protection of human rights.
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