Abstract

URUENA, René. Local struggles, international courts. An exploration of the multilevel protection of human rights in Latin America. Rev. Derecho Estado [online]. 2013, n.30, pp.301-328. ISSN 0122-9893.

Abstract Human rights protection depends, increasingly, on an appropriate interaction between domestic and international legal systems. This article interprets this dynamic as a "multi-level protection", and explores the opportunities and challenges it presents for Latin America. The text first introduces the concept of "multi-level protection", investigating its origins and context of creation. It also seeks for instances of multilevel protection of human rights in Latin America, and concludes that they are to be found mostly in the Inter-American System. How to start thinking, then, about the interaction between that system and national courts of the region? The article focuses on this question, and presents two analytical models to answerit: Inter-American Constitutionalism, and legal pluralism. Each of these possibilities involves opportunities and challenges, which are discussed in the conclusion.

Keywords : International law-domestic law; constitutionalism; pluralism; Inter-AmericanCourt of Human Rights; human rights movement.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )