International Human Rights Law and Practice in Latin America

TLDR

Human rights practices in Latin America improved markedly during the 1990s, though varying degrees of legalization do not fully explain these gains. The study examines state compliance with the prohibition of torture, the prohibition of disappearance, and the right to democratic governance, arguing that a regional norms cascade has heightened consensus on these norms. These norms are reinforced by diverse legal and political enforcement mechanisms that facilitate implementation and compliance. States improved practices across all three norms, yet the prohibition of torture saw the smallest gains.

Abstract

Human rights practices have improved significantly throughout Latin America during the 1990s, but different degrees of legalization are not the main explanation for these changes. We examine state compliance with three primary norms of international human rights law: the prohibition against torture, the prohibition against disappearance, and the right to democratic governance. Although these norms vary in their degree of obligation, precision, and delegation, states have improved their practices in all three issue-areas. The least amount of change has occurred in the most highly legalized issue-area—the prohibition against torture. We argue that a broad regional norm shift—a “norms cascade”—has led to increased regional and international consensus with respect to an interconnected bundle of human rights norms, including the three discussed in this article. These norms are reinforced by diverse legal and political enforcement mechanisms that help to implement and ensure compliance with them.