Relación entre la Jurisdicción interamericana y los Estados (sistemas nacionales). Algunas cuestiones relevantes

Abstract

This article expounds and analyzes the key aspects of the historical and presentday relationship between Inter-American Human Rights jurisdiction and the States Parties to the 1969 American Convention on Human Rights, especially those that have recognized the contentious jurisdiction of the Inter-American Court. In view of this, a description is given of the progress made in observing human rights in the corresponding geo-political area according to the degree to which democracy has been restored or has progressed. Mention is also made of the so-called «actors» of the Inter-American system: national States, the Organization of American States, civil society and «emerging actors» (ombudsman, public advocates, social communicators and academia). Certain aspects of the Inter-American Court and the (binding or non-binding) effectiveness of its decisions are also examined. This paper discusses national responses to international human rights law through various means: constitutional reforms, «implementation» laws, public policies and judicial decisions. This last point analyzes the progress of the so-called «conventionality control», which that has gained considerable importance in the Latin American judicial practices and is a significant factor in the establishment of ius commune in the region.