The relationship between Inter-American jurisdiction and States (national systems): some pertinent questions

Abstract

In this Article, Judge Sergio García Ramírez of the Inter-American Court of Human Rights explores the complex and often vexing relationship between the Inter-American Human Rights system and the domestic human rights protections within the system's member states. García Ramírez identifies a number of challenges to implementing human rights protections in Latin America, many of which are rooted in a history of authoritarianism in the twentieth century and the nascent nature of the region's democratic institutions. Yet he sees solutions in the role of the Inter-American Court in the region. García Ramírez highlights the Court's role in interpreting international human rights laws for the region and the increasing role of national judges in integrating these rights into national systems. Thus, with this body of law as a baseline, he believes that through careful legal and political dialogue and a greater exercise of conventionality control, among other steps, the domestic and international human rights regimes in the region can work together to ensure greater respect for and protections of individual persons