La efectividad de los fallos de la Corte Interamericana de Derechos Humanos

Abstract

This research views the effectiveness of the sentences of the Inter-American Court of Human Rights in their process of enforcement within the municipal legal systems as a crucial problem of legal theory. Since an appraisal of effectiveness requires the consideration of different factors, beyond statistics and mere numbers, one of the main purposes of this work is to point out and analyze those decisive elements in assessing the success of the Inter-American System of Human Rights.

The structure of the research has been divided into three parts. As an approach to the Inter-American system, the first part compares the two major regional Human Rights systems in the world, the Inter-American and the European. The second part, describes comparatively the legal system of nine Latin-American countries, which have accepted the competence of the Inter-American Court, and is followed by the internal process adopted by the States in order to implement the international judgment. Finally, this study deals with the issue of effectiveness of the international judicial decisions and, particularly, the exclusive "reflection effects", characteristic of the nature of the Inter-American Courts sentences.