HUMAN RIGHTS MOVEMENT

Remembering the Early Years of the Inter-American Court of Human Rights

This paper traces the institutional evolution of the Inter-American Court of Human Rights over twenty-five years through the personal reflections of its last surviving founding judge, situating it in the broader framework of regional human rights enforcement and evaluating the persistent gap between the Court’s growing docket and its limited influence on the domestic legal systems of member states. This paper argues that the Court’s trajectory carries significant institutional significance through the gradual processes of norm internalization and procedural reform central to regional human rights adjudication, yet meaningful impact remains contingent on the extent to which states integrate the Court’s judgments into their domestic legal orders as a matter of binding obligation rather than discretionary compliance.

This paper is not a traditional article, but the reminiscences and reflections of the last surviving member of the first group of judges elected in 1979 to serve on the newly established Inter-American Court of Human Rights. The paper discusses the evolution of the Court from an under-funded institution with few contentious cases brought before it to a well-established court with a full docket – a court that is steadily gaining recognition in the region and successfully surmounting its initial growing pains.

However, despite significant progress that occurred during the 25 years since the Court’s establishment, the Court still has a long way to go to gain the acceptance and prestige in the Americas that the European Court enjoys in its region. For example, the decisions of the Inter-American Court have not yet become part of the domestic law of the States Parties to the American Convention, and until this happens the Court will have a limited impact on the day-to- day administration of justice in those countries. The 2001 change in the rules of procedure of the Court – requiring the Commission to refer to the Court all cases of non-compliance by States – may prompt national legislatures and courts to pay greater attention to the judgments of the Inter-American Court. The effect of these changes is not yet known and the future of the Inter-American Court remains wide open, but it is hoped that the Court will continue to be an institution that inspires hope in people whose human rights are being violated.