Part III The Inter-American Element, 15 The American Human Rights Navigation: Toward a Ius Commune
Sergio García Ramírez
Edited By: Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi, Flávia Piovesan, Ximena Soley
This contribution reviews the connections between the human rights regime and the democratic (or authoritarian) framework in which they appear. Three elements of the inter-American system of human rights protection are analyzed: First, its ideological rooting in certain convictions about the position of the human being against the state; second, the normative element, which refers to the international (or supranational) legal order of human rights, which has achieved a remarkable development in the Americas as a whole; and, third, the political-operative, corresponding to the persons or agents in charge of the promotion and enforcement of rights. Furthermore, the historical development of the formation of the inter-American legal order in this field is outlined referring to the “bridges” of access of international law into national law: Constitutional, legal, political, judicial, and cultural. Finally, the contribution addresses the current mission of judges as “guarantors” of human rights.