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Part III The Inter-American Element, 14 The Inter-American System of Human Rights: Essential Features

Sabrina Ragone

From: Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune

Edited By: Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi, Flávia Piovesan, Ximena Soley

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 14 August 2022

This chapter aims to assess the main features of the inter-American system of protection of human rights (IASHR) from a legal and institutional perspective. The start and the evolution of the IASHR are addressed through a chronological reconstruction of the legal framework and its progression; and the functions allotted to the Inter-American Commission and the Inter-American Court. The analysis of how these functions have in fact been exercised by both bodies since their establishment leads to a better understanding of the role they play in Latin America. After pointing out the trends in the kind of violations dealt with in the case law of the Court and the Commission, the final part of the chapter is dedicated to their interaction with domestic actors.

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