CHALLENGES OF THE INTER-AMERICAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS IN THE AMERICAS

The main objective of the Inter-American System for the Protection of Human Rights is to promote and protect human rights in the countries of the Americas, including Colombia. However, as a system it has its challenges, such as the lack of compliance with judgments. Although the Inter-American Court of Human Rights (IACHR) issues binding judgments, some countries, including Colombia, have shown resistance or delays in their full implementation. There are also limitations in the enforcement of judgments, as the IACHR's ability to ensure effective compliance with its decisions may be limited, because it relies heavily on the cooperation of member states. Although the Inter-American system for the protection of human rights can provide resolutions to specific cases, it does not always succeed in preventing the repetition of similar human rights violations in the future.

Another aspect that is questioned is related to the investigative work, due to the lack of judicial independence in the member countries. This, in a way, could affect the impartiality and effectiveness of the IACHR's decisions due to State resistance in some States, including Colombia. These weaknesses and challenges may impact the effectiveness of the Inter-American System for the Protection of Human Rights in Colombia and other countries in the region. The need to keep working on its strengthening and continuous improvement is highlighted, which implies a challenge and a multifaceted approach that addresses: (i) strengthening the rule of law; (ii) effective implementation of judgments; (iii) improving access to justice; (iv) continuous training and awareness-raising on human rights for judges, prosecutors, lawyers and public officials in Colombia; (v) fostering constructive dialogue between the Colombian State and the bodies of the Inter-American System; (vii) the involvement of civil society in the promotion and protection of human rights in Colombia; and (viii) the development of educational and awareness-raising programs in Colombia that promote a culture of respect for human rights in all sectors of society, from education to state security forces.

These measures could contribute to strengthen the Inter-American System for the Protection of Human Rights in Colombia and to improve the situation of human rights in the country. However, it is important to recognize that the process of improvement and strengthening is continuous and requires the long-term commitment of all actors involved.

This text is an opinion article, which reflects the position and reflection of the actor and does not compromise the responsibility or position of Conde Abogados Asociados SAS, regarding the subject in reference.