Tensions and challenges in the enforcement of international judgments: the role of the Inter-American Court of Human Rights

Abstract

This study's main objective is to analyze the performance of the Inter-American Court, with an emphasis on the implications of international justice for the protection of human rights and the identification of barriers that hinder the effective implementation of its decisions. The core of the problem investigated lies in the intricate interaction between the preponderant role played by the Inter-American Court in the protection of human rights and the substantial challenges that affect the implementation of its decisions. These obstacles encompass not only limitations on the enforcement of international judgments, but also the pressing need to improve domestic mechanisms to implement such decisions, and the European Court's comparative analysis provides an important frame of reference for assessing these issues. This study adopts a deductive approach based on well-defined hypotheses: the Inter-American Court plays a crucial role in safeguarding human rights in the region; there are a series of substantial obstacles that compromise the effectiveness of international judgments issued by the Inter-American Court; the authority of res judicata and the absence of effective internal mechanisms can limit the ability to implement decisions; comparison with the performance of the European Court reveals notable discrepancies in the effectiveness of the implementation of its sentences. Through this research, we contribute to a deeper understanding of the functioning of international justice and to the improvement of the promotion of human rights on a global scale.