The reform of the precautionary measures mechanism in the Inter-American Commission of Human Rights: Repercusions on the protection of human rights in the Inter-American System

Abstract

Over 50 years have passed since the creation of the Inter-American Commission on Human Rights (IACHR), an institution responsible for the promotion and protection of human rights recognized in various instruments of the regional system. To this end, the Commission carries out tasks including the compilation of reports regarding the fulfillment of state obligations under such instruments, the reception of individual petitions, the investigation and monitoring of specific situations in OAS member states, and the adoption of precautionary measures in particularly severe and urgent cases. In relation to the latter, due to several precautionary measures adopted in countries like Brazil, Ecuador and Venezuela, a campaign to discredit this IACHR mechanism has begun since 2010, followed by a call for a reform of the system. Reform proposals include the development of criteria for the granting, conservation and termination of measures; the development of objective criteria to determine which situations meet the "gravity" and "urgency" requirements for the granting of precautionary measures; among others. The aim of this article is to analyze the impact of said proposals on the precautionary measures mechanism, and consequently, on human rights"™ protection under the Inter-American Human Rights System.