MOOC PPHR: Human protection in the Americas, Impacts and challenges - Veronica Gomez

[vc_row][vc_column][vc_video link="https://www.youtube.com/watch?v=rphB-NUfduc"][/vc_column][/vc_row][vc_row][vc_column][vc_column_text][/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]So that's a description of thenhistory the institutional features and the proceedings. But what about thenimpacts and the challenges of regional human rights protection in the Americas?nLet's go with the positive first. The positive is that through this system, innthese decades (60 years for Inter-American Commission, 40 years fornthe Court) these organs have developed tools to investigate gross human rightsnviolations. And they've also developed tools to protect life and physicalnintegrity in urgent cases, in a continent that is notorious for attacksnagainst human rights defenders, journalists, members of the judiciary, etc.nAnd it has also developed tools to achieve redress through friendly settlements in ansimplified way that might give the state a chance to adapt his legislation andnand take public policy measures in line with this obligation, under the AmericannConvention. It has also managed to conceptualize conducts that have beennlinked to gross human rights violations in many states of the continent,nespecially during the 1970s where there were a number of authoritarianngovernments and dictatorships, as it was mentioned previously. And among thesenconducts that were not conceptualised previously in international law of humannrights nor in domestic law, for instance enforced disappearances. Andnit has made a very important contribution in that area. Also throughnthe Commission and also through the judgments of the courtsnit has contributed substantially to transitional justice, especiallynduring the 90s after authoritarian regimes finished and there was andemocratisation wave in the continent. These two organs made a very importantncontribution in terms of restorative justice during that period. And they'venalso contributed substantially to the development of comprehensive reparationnfor material and non-material damage committed against victims of humannrights violations. There are other positives... but which are the challenges?nThere are a number of institutional challenges that thesenorgans face. The first one is what they themselves call the lack of universality,nthe fact that not all member states have ratified the American Convention meansnthat there are some states that are subject to higher levels of scrutinynthan others. And that has created in a way some degree of resentment in somenstates of the region. A second institutional challenge is one that isnshared by many other organs of protection, which is partial or totalnnon-compliance with decisions of the court and recommendations of thenCommission. These organs have invested a lot of energy in follow-up proceedingsnbut there's still a big debt in terms of ensuring compliance with the decisions.nAnd the third one that derives from the second is the fact that recently somenstates have been publicly pushing for the introduction of margins ofnappreciation in the interpretation of the Convention and in decision making bynthe Commission on the Court, and this has been interpreted by civilnsociety and by many other relevant actors, stakeholders as an attempt atninterfering with the independence of the Commission and the Court.nThose are institutional challenges but which other substantive challenges donthey face every day in the Americas? The challenges they face when dealing withnindividual cases and examinations of general situation are the plight ofnhistorically marginalised groups. In the Americas: indigenous populations,nafro-descendants, different groups, many... also LGBTI, women, children, etc. Anstructural situation, structural inequality in the Americas, linked to itsnhistory, linked to land distribution. Also linked to the fact that it's a continentnwhere the exploitation of natural resources is one of the main dimensionsnof its economy, and this not only damages environment, it also damages the survivalnof many populations in different areas of the continent. Also linked to that:nviolence and insecurity. It is a continent with intractable human rights conflicts.nSome of them in Central America, others within the region, like Colombia forninstance; or dealing with the situation like Haiti. And as part of that, ofnthose challenges, the fragility of democracy institutions. It's a continentnwith still elected governments but clearly in the last decades we couldnsee the fragility of institutions. And these are substantive challenges that wenhave to wonder whether is possible to address with the mechanisms we have. Cannlitigation and reporting with the naming and shaming that it involves, beneffective, can they be effective enough to address human rights violationsnderived from socio-economic patterns of structural inequality. I leave you withnthat question, thank you.<br><!-- wp:image {"id":1776,"sizeSlug":"large","linkDestination":"none"} -->rn<figure class="wp-block-image size-large"><img class="wp-image-1776" src="https://en.videoencontexto.com/wp-content/uploads/2021/10/MOOC_PPHR_Human_protection_in_the_Americas_Impacts_and_challenges__Veronica_Gome_rphB-NUfduc.jpg" alt="MOOC PPHR: Human protection in the Americas, Impacts and challenges - Veronica Gomez" /></figure>rn<!-- /wp:image -->[/vc_column_text][/vc_column][/vc_row]

MOOC PPHR: Human protection in the Americas, Impacts and challenges - Veronica Gomez

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