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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, 2015. All Rights Reserved.date: 07 August 2020

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.

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