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SCRIPTS Working Paper No. 37 by Cristiane Lucena Carneiro and Mariane Monteiro Costa

Institutions of the Inter-American Human Rights System and Their Role in Shaping the Liberal International Order.

News from Mar 06, 2024

This paper chronicles the protagonism of two central institutions within the Inter-American human rights system in the process of co-constitution of the International Liberal Order: The Inter-American Commission on Human Rights (IACmHR) and the Inter-American Court of Human Rights (IACtHR). The paper analyses two cases, decided by the Commission and the Court, wherein the processes of norm creation are observable and well documented. The first case explores the role of the IACmHR in the development of „naming and shaming“ practices following the IACmHR‘s in loco visit to Argentina in 1979. The second case (Ximenes Lopes vs Brazil, 2006) deals with the IACtHR‘s decision involving the rights of individuals with mental illness to showcase the innovative approach the Court embraced. The conclusion highlights Latin American countries acting as co-constituents of the Liberal International Order – a role often ignored by the traditional historiography of international human rights.

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