Reconceptualising the Impact of the Inter-American Human Rights System / Reconceitualizando o Impacto do Sistema Interamericano de Direitos Humanos

The Inter-American Responses during COVID-19: Development of Green Human Rights in Indigenous Cases at the Regional and National Levels

“…However, compliance with IAHRS' decisions has generally been low. Governments have often refused to abide by or altogether ignored the rulings and orders, which can be seen as undermining their legitimacy and authority (Engstrom, 2017). Sometimes, governments comply with some of the requirements but not all of them, amounting to what has been called a 'compliance crisis' (Engstrom, 2017).…”

“…Governments have often refused to abide by or altogether ignored the rulings and orders, which can be seen as undermining their legitimacy and authority (Engstrom, 2017). Sometimes, governments comply with some of the requirements but not all of them, amounting to what has been called a 'compliance crisis' (Engstrom, 2017). However, the number of complaints submitted to the system continues to grow steadily over the last two decades, indicating a sort of validation on the side of those whose rights are being violated (Engstrom, 2017).…”

“…Sometimes, governments comply with some of the requirements but not all of them, amounting to what has been called a 'compliance crisis' (Engstrom, 2017). However, the number of complaints submitted to the system continues to grow steadily over the last two decades, indicating a sort of validation on the side of those whose rights are being violated (Engstrom, 2017). Despite this apparent paradox, the IAHRS has nonetheless contributed greatly to the development of human rights standards by incorporating a wide range of human rights norms and increasingly expanding the set of human rights issues (Engstrom, 2017).…”

“…However, the number of complaints submitted to the system continues to grow steadily over the last two decades, indicating a sort of validation on the side of those whose rights are being violated (Engstrom, 2017). Despite this apparent paradox, the IAHRS has nonetheless contributed greatly to the development of human rights standards by incorporating a wide range of human rights norms and increasingly expanding the set of human rights issues (Engstrom, 2017). Both the Court, through its progressive jurisprudence, and the IACHR, through its thematic reports and policy guidelines, as well as the IAHRS' accountability functions, have contributed to human rights standards in the region, thus becoming a central reference (Engstrom, 2017).…”

“…Despite this apparent paradox, the IAHRS has nonetheless contributed greatly to the development of human rights standards by incorporating a wide range of human rights norms and increasingly expanding the set of human rights issues (Engstrom, 2017). Both the Court, through its progressive jurisprudence, and the IACHR, through its thematic reports and policy guidelines, as well as the IAHRS' accountability functions, have contributed to human rights standards in the region, thus becoming a central reference (Engstrom, 2017). Additionally, the IAHRS' impact can be seen through the increasing insertion of the system into domestic policy, legislative and judicial debates across the region, 94 which also relates to the fact that it can be used as a means for pressuring states to change domestic political and legal frameworks that conflict with human rights standards (Engstrom 2017) With that in mind, IAHRS progressive jurisprudence regarding green rights could help advance the protection of these rights in a post-pandemic scenario.…”