Due diligence in the Inter-American Human Rights System

Sánchez Cárdenas D.A.; Caceres Montes M.H.; Paredes Romero L.F. · Boletin Mexicano de Derecho Comparado (2024) · DOI: 10.22201/iij.24484873e.2024.171.19390

Resumen

Due diligence has gained significance in Inter-American human rights law, becom-ing an essential standard to ensure that States meet their conventional obligations to defend and protect human rights. The purpose of this analysis is to clarify a concept aimed at provid-ing precise and consistent standards at the Inter-American level to assist States in fulfilling their responsibilities for the prevention, investigation, and punishment of human rights violations. The lack of uniform standards in International Human Rights Law generates legal uncertainty, complicating the understanding and implementation of the scope of these obligations. Based on this, the purpose of this study is to define the duty of care through a comparative and system-atic analysis of the jurisprudence of the Inter-American Court of Human Rights and similar bodies, applying an analytical and dogmatic approach. This article examines the relevance and potential for harmonizing standards to enhance legal certainty within the Inter-American Human Rights System. Similarly, it considers the practical and regulatory implications for States and explores precise definitions that may reduce legal uncertainties in human rights protection and, ultimately, increase regulatory coherence.

Instituciones: Universidad Católica de Santa María