scholarly journals Conservative Governments and Latin America's Human Rights Landscape

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 375-379 ◽  
Author(s):  
Jorge Contesse
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Case Law ◽  
Right Wing ◽  
Left Wing ◽  
Long Run ◽  
Protection Of Human Rights ◽  
Almost All ◽  
Latin American Countries

In 2009, as the American Convention on Human Rights turned forty, Left-wing governments ruled in almost all Latin American countries. The democratization wave that began in the late 1980s had produced a seemingly hegemonic turn to the Left—the so-called “Pink Tide.” A decade later, the political landscape was radically different. With only a few exceptions, Right-wing governments are in power throughout Latin America. The implications of the conservative wave have been felt in a number of areas—including human rights. This essay explores the ways in which the new conservative governments of Latin American have tried to curb the inter-American human rights system and examines the potential long-term consequences that their efforts may have on the regional system and the protection of human rights. It then suggests possible avenues for sound engagement between states and the system, observing that the Inter-American Court's expansive case law may cause more harm in the long run.

Latin America: Farewell to Dependency

2015 ◽  
pp. 85-94
Author(s):  
V. Krasil’shchikov
Keyword(s):  
Latin America ◽  
Latin American ◽  
Endogenous Development ◽  
Left Wing ◽  
Left Turn ◽  
Social Actors ◽  
Knowledge Based ◽  
The 1960S ◽  
Almost All ◽  
Latin American Countries

The paper deals with the problem of dependent development and conservative modernization in Latin America. Whereas external dependency has been the permanent feature of Latin American development since colonial times, conservative modernization can be treated as the essential effect of this development. Almost all significant reforms in Latin American countries began earlier than the own premises for them could mature, because they were the obliged responses to the external challenges and shocks the continent underwent. The social actors of those reforms were often interested in adaptation of the obsolete socioeconomic structures and relationships to the changed external conditions instead of their destruction and genuine social renewal. The cases of authoritarian modernizations in the Southern Cone countries in the 1960s–80s clearly illustrated such attempts of the ruling groups to go forward whilst looking back. The neoliberal reforms of the 1990s demonstrated, at first glance, continuation of this practice being a form of modernisation for the upper classes’ advantages. Meanwhile, as the author argues, these reforms were actually a “swan song” of conservative modernization in Latin America. The “left turn” of the next decade did not abolish external dependency of Latin American countries, but created some important premises for the rise of internally rooted impulses to endogenous development. The new social actors of this development, such as various NGOs and left-wing movements, began to emerge in Latin America. They propose own programmes of transition towards a knowledge-based, innovative economy. This phenomenon allows to suppose that some Latin American countries have real chances for technological breakthroughs in the future, and it will be the genuine deliverance from the model of a dependent, imitative development.

Evolutionary and Interacting Spheres that Condition the Technological Capabilities Accumulation in Latin America

2021 ◽  
pp. 377-410
Author(s):  
Gabriela Dutrénit ◽  
José Miguel Natera ◽  
Martín Puchet ◽  
Alexandre O. Vera Cruz
Keyword(s):  
Latin America ◽  
Latin American ◽  
Structural Model ◽  
Political Factors ◽  
Evolutionary Trajectory ◽  
Long Run ◽  
Latin American Countries ◽  
Science Technology And Innovation ◽  
Term Analysis

The studies about technological capability accumulation (TCA) processes tend to adopt a narrow perspective to science, technology, and innovation and their policies, which is insufficient to understand these processes. It is necessary to frame the TCA processes at national levels, including technical, economic, environmental, social, and political factors, which interact and co-evolve. This chapter groups these factors into two spheres: the techno-economic and environmental (TEES) and the socio-political (SPS) spheres. The aim is to identify development profiles of Latin American countries in terms of TEES and SPS, and discuss their implications for TCA. It is argued that countries’ evolutionary trajectory combines these spheres differently, which results in diverse development profiles; this affects the TCA. This analysis is based on a dynamics structural model, which combines a long-term analysis (1970–2015) of eighteen countries to verify the existence of cointegration between TEES and SPS, and the identification and estimation of long-run paths that determine different country profiles in the region.

scholarly journals Populisms: Inherently Illiberal or Plausibly Democratic?

2021 ◽  
Vol 48 ◽  
pp. 26-46
Author(s):  
Jaime A. Preciado Coronado
Keyword(s):  
Latin American ◽  
Popular Sovereignty ◽  
Right Wing ◽  
Left Wing ◽  
Central Question ◽  
Anglo Saxon ◽  
Definition Of ◽  
Totalitarian Regimes ◽  
Hybrid Regime ◽  
Latin American Countries

The central question of this paper is whether a constructive relationship between populism and democratisation may exist, or whether all types of populism inevitably lead to illiberal regimes. Anglo-Saxon and Eurocentric traditions tend to identify populism with fascism, as in the case of authoritarian right-wing regimes, or with left-wing politics as in the case of socialist or communist systems that produce totalitarian regimes. Critical theorists consider populism to be a reaction to a perceived gap separating democratic institutions from the popular sovereignty from which political regimes derive their legitimacy. This paper examines populisms from three main perspectives: (1) negative views of populism from a liberal democracy perspective; (2) positive views from theorists who see populism as a legitimate expression of popular sovereignty; and (3) some ways in which populism may be viewed based on Leonardo Morlino’s definition of a hybrid regime and the experiences of several Latin American countries.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

2014 ◽  
pp. 13-31
Author(s):  
Katarzyna Grzelak-Bach
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Case Law ◽  
Legal Order ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Basic Level

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

scholarly journals Democratic Values, Religiosity, and Support for Same-Sex Marriage in Latin America

2017 ◽  
Vol 59 (4) ◽  
pp. 75-98 ◽  
Author(s):  
Michelle L. Dion ◽  
Jordi Díez
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Capital City ◽  
Religious Values ◽  
Democratic Values ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Latin American Countries

AbstractLatin America has been at the forefront of the expansion of rights for same-sex couples. Proponents of same-sex marriage frame the issue as related to human rights and democratic deepening; opponents emphasize morality tied to religious values. Elite framing shapes public opinion when frames resonate with individuals’ values and the frame source is deemed credible. Using surveys in 18 Latin American countries in 2010 and 2012, this article demonstrates that democratic values are associated with support for same-sex marriage while religiosity reduces support, particularly among strong democrats. The tension between democratic and religious values is particularly salient for women, people who live outside the capital city, and people who came of age during or before democratization.

An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Structure And Dynamics ◽  
Human Rights Council ◽  
Local Actors ◽  
Protection Of Human Rights ◽  
The Subject

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

scholarly journals Economic sanctions and human rights: an analysis of competing enforcement strategies in Latin America

2014 ◽  
Vol 57 (1) ◽  
pp. 197-215 ◽  
Author(s):  
Cristiane de Andrade Lucena Carneiro
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Economic Sanctions ◽  
Deterrent Effect ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Political Terror ◽  
Using Data ◽  
The Relationship

This article addresses the consequences of economic sanctions for the protection of human rights in Latin America. The literature on sanctions and compliance informs three hypotheses, which investigate the relationship between sanctions and the level of rights protection in two groups of countries: those that were targeted by sanctions and those that were not. Using data from the Political Terror Scale (PTS) and from Freedom House, I find empirical evidence that sanctions do improve the level of protection in countries that were not targeted. This finding can be explained by the deterrent effect attributed to sanctions by the compliance literature, broadly interpreted. The presence of economic sanctions in a given year increases the probability of observing better human rights practices by almost 50%. These results hold for the 12 Latin American countries that were not subject to economic sanctions for the period 1976-2004.

scholarly journals THE EASY WAY OUT? CONSTITUTIONAL AVOIDANCE AND ITS IMPACT ON HUMAN RIGHT ENFORCEMENT IN BOTSWANA

2019 ◽  
Author(s):  
Kago K.Y. Boiki
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Human Right ◽  
Protection Of Human Rights

This article seeks to examine the doctrine of constitutional avoidance and assess whether it has had an impact on the protection of Human Rights in BotswanaBotswana through the courts. This article will begin with the definition the doctrine of constitutional avoidance. This will be followed by an overview of Botswana’s constitution and its Human Rights framework. The article will then go on to discuss the application of constitutional avoidance in Botswana, highlighting some case law that has been instrumental in the development of the doctrine of constitutional avoidance.

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