Jump to Content Jump to Main Navigation

Part III The Inter-American Element, 19 The Added Value of the Inter-American Human Rights System: Comparative Thoughts

Laurence Burgorgue-Larsen

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, 2021. All Rights Reserved.date: 27 January 2021

Despite the fact that the European Court of Human Rights is prominent amongst international judicial actors, this contribution aims to demonstrate that the Inter-American Court has undeniable assets that deserve to be acknowledged. It is on the basis of a discretionary selection that the author intends to present three inter-American “added values.” The first concerns texts: The American Convention is in many ways more progressive than the European text of 1950. The second is functional: The Inter-American Court’s competence and powers are more important that the European Court’s. The third relates to dialogue: Relationships with domestic courts are particularly original compared to Europe. The Latin-American “laboratory” is more than ever at work in the area of human rights protection as it is in the constitutional field. Europe should be more aware of it.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.