Compendium on Democratic Institutions, Rule of Law,
and Human Rights

INTER-AMERICAN STANDARDS

Learn about Inter-American standards on democratic institutions, rule of law and human rights.

Representative democracy

It is the form of State organization explicitly adopted by the member states of the Organization of American States (OAS). Since 1948, the member states recognized the "right to vote and participate in the Government" as a human right in the American Declaration (Art. XX).

Essential for stability, peace, and regional development. Moreover, democracy and human rights are indivisible and interdependent and are fundamental to the rule of law.

Democracia reresentativa

Democracy

It is a universal value based on the freely expressed will of people to determine their own political, economic, social, and cultural system and their full participation in all aspects of their lives.

It is essential to achieve stability, peace, and development in the region, and is essential to achieve the full exercise of fundamental rights.

Elements

Respect for human rights;
Access to power and its exercise subject to the rule of law;
The holding of periodic, free, fair elections;
The plural regime of political parties and organizations;
The separation and independence of public powers;
Transparency.
Respect for freedom of expression and the press.
Probity and responsibility in public management.

Powers

Executive power

It is responsible for the implementation and execution
of government laws and policies.

Risks of the concentration of power in the
executive branch

Impunity.
Repression.
Dissuasion of other political actors from participating in electoral processes.

What practices contribute to the concentration and maintenance of power in the Executive?

Indefinite re-election,
Deviation or abuse of power.

Indefinite presidential reelection is contrary to the principles of a representative democracy and, therefore, to the obligations established in the American Convention.

Legislative power

It prepares legal provisions, which can facilitate the incorporation of inter-American standards into national regulations.

It contributes to achieving democratic development through the participatory development of these norms.

Advances in the political representation of women

In recent decades, the political representation of women in legislatures has increased. This process has been accelerated by quota laws. To continue this trend, States must implement measures to promote gender parity and greater political participation of women in the Legislative Branch.

Judicial power

It ensures compliance with laws, and is essential to protect human rights, as it prevents abuse of power by other state bodies.

Relevant principles: Judicial independence

States must guarantee that the selection and appointment of justice operators is transparent, as well as their immovability (separation from office and disciplinary regime), and their security and protection. Furthermore, it must guarantee the impartiality of the administration of justice.

Rule of Law

The rule of law implies that there is a legal and institutional order in which the laws prevail over the will of those who govern, through judicial control of constitutionality and the legality of the acts of public power.

The validity of the rule of law and the democratic system is crucial for the effective protection of human rights.

Principles

Access to justice and due process

Everyone has the right to access justice and to be heard, with due guarantees and within a reasonable time, by a competent, independent and impartial court when they believe that their rights have been violated. The Inter-American System has maintained that all bodies that exercise jurisdictional functions have the duty to adopt fair decisions based on full respect for the guarantees of due process.

Legality and non-retroactivity of the law

The principle of legality implies the issuance of legal norms based on the common good adopted by the legislative bodies of each State. When exercising their punitive and sanctioning power, state bodies must act based on this principle.

Obligations

Member States have the obligation to adapt their internal regulations to the standards of the Inter-American Human Rights System.

When a State has ratified an international treaty such as the American Convention, the justice operators, and all public authorities, as part of the State apparatus, are also subject to it, which obliges them to ensure that the effects of the provisions of Convention. In other words, they must exercise a kind of “conventionality control” between the internal legal norms that apply in specific cases and the American Convention on Human Rights, within the framework of their respective powers and the corresponding procedural regulations.

For an effective rule of law, it is key that administration of justice:

Builds trust in the population.
To be accessible without discrimination.
Responds to human rights violations.

State of exception and the rule of law

To remain within the margin of the democratic rule of law and avoid arbitrary practices, states of emergency (suspension of constitutional guarantees):

Can only be invoked in exceptional situations, for the preservation of democracy.
Must meet the requirements of necessity, temporality, proportionality, non-discrimination, notification, and compatibility with international obligations.
Must respect non-suspendable rights.
Should not be implemented to deal with situations of high social conflict and public demonstrations.

Democracia y Estado

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The central role of representative democracy in the inter-American system is illustrated in the instruments on which the system is.

Charter of the Organization of American States | OAS
Adopted in 1948 | Modified in 1967

Why is the Charter of the OAS important for regional democratic institutions?

The Charter of the Organization of American States is a founding instrument of the OAS, which makes references to democracy and the rights and duties of the human person.

The Charter establishes the relationship between essential rights and the exercise of democracy. These rights are linked to continental solidarity within the framework of democratic institutions, a regime of individual freedom and social justice, based on respect for the essential rights of people.

In the Charter, Member States agreed that representative democracy is the only acceptable form of political organization.

American Convention on Human Rights
Adopted in 1969

It is an international treaty adopted within the framework of the OAS that establishes and protects human rights and fundamental freedoms in the American continent.

The Convention guarantees a wide range of fundamental rights and freedoms, including the right to life, personal liberty, personal integrity, freedom of thought and expression, the right to a fair trial, and other civil and political rights.

The American Convention on Human Rights has played a significant role in the promotion and protection of human rights in the region. Its implementation and compliance contribute to the strengthening of democracy and respect for fundamental rights in the American States.

Inter-American Democratic Charter
Adopted in 2001

The Inter-American Democratic Charter is a key instrument in the OAS's efforts to promote and preserve democracy in the Americas. Its application seeks to prevent and address situations in which ruptures of the constitutional order occur and contribute to the strengthening of democratic institutions in the region. The Charter establishes principles and norms that govern the promotion, defense, and protection of democracy in the Member States.

Marco y principios

Regulatory framework and general principles

Democracia y DDHH

Democracy and Human Rights

It is a principle through which States make public information about their public management, so that people under their jurisdiction can question, investigate, and consider whether public functions are being adequately fulfilled.

The transparency and accountability of public powers strengthen democratic systems and is a fundamental principle of public policies with a human rights focus.

The institutional capacity on the part of legitimate authorities to design, implement and evaluate policies for the prevention and control of violence and crime.

What should a citizen security policy cover under a democratic rule of law?

It must be oriented towards the prevention and reduction of violence, as well as the control and repression of crime from a rights-based approach.
Encourage security forces to have trained personnel and specialized infrastructure to provide quality service according to the needs of the sectors of the population most at risk from violence and crime.
Incorporate a clear and precise separation between the function of the Police and that of the Armed Forces, so that the latter is not used to combat crime in the civil sphere.

The active participation of people in public decision-making – including public policies – is an enforceable right and a state obligation. Furthermore, it is a political right recognized in Article XX of the American Declaration of the Rights and Duties of Man, and in Article 23 of the American Convention on Human Rights.

Participation can include various activities that people carry out individually or in an organized manner, with the purpose of intervening in the designation of those who will govern a State or be in charge of directing public affairs, as well as to influence the formation of politics. state through direct participation mechanisms.

It is the right of every person to seek, receive, and disseminate information and ideas of all kinds.

It is one of the main mechanisms that society has to exercise democratic control over the people who are in charge of matters of public interest.

Furthermore, it is essential for the development and strengthening of democracy and for the full exercise of human rights, and a fundamental guarantee to ensure the rule of law and democratic institutions.

It is the right to seek, receive and disseminate information and ideas of all kinds. It is a fundamental right, since it is one of the most effective instruments for citizen control over the actions of the authorities and for the consolidation of democracies in the hemisphere.

States are obliged to guarantee the exercise of this right, which only admits exceptional limitations that must be previously established by law in the event that there is a real and imminent danger that threatens national security in democratic societies.

It is a manifestation of the joint exercise of the right of assembly and freedom of expression, as well as a mechanism for political participation and the defense of human rights.

In democracy, States must act on the basis of the legality of protests or public demonstrations and under the assumption that they do not constitute a threat to public order, in order to strengthen political participation and build higher levels of citizen participation.

States must implement administrative control measures that ensure that the use of force in public demonstrations is exceptional and in strictly necessary circumstances and that they must establish special planning, prevention and investigation measures in order to determine the possible abusive use of force in these types of situations.

The IACHR has approached social protest from the relationship that exists between the effective protection and guarantee of the right of assembly in the hemisphere and the need to make its exercise compatible with the obligations of the State regarding the prevention of situations of violence and the maintenance of conditions that make coexistence possible in a democratic society.

During a protest, States have the duty to protect the rights of protesters in relation to acts committed by private or non-state actors. As well as the obligation to investigate and punish those who commit acts of violence against the life or personal integrity of protesters.

It is essential for the existence of democracy and one of the ways in which citizens exercise the right to political participation. This right implies that the population can decide and choose freely and under conditions of equality who will represent them in decision-making on public affairs. Likewise, it implies the right of people to run as candidates under conditions of equality, and that they can occupy and exercise public positions subject to election if they manage to obtain the number of votes necessary to do so.

The representative democratic system is materialized through the holding of electoral processes. People have the power to deliberate to make a collective decision. In this phase of the exercise of democracy, candidates present and disseminate their ideas to inform citizens, who make the decision through voting. Electoral processes in a democratic society involve the effective participation of people, groups and organizations and opposition political parties, through free debate of ideas, and the exclusion of the monopoly of power by a single group or person.

States have the obligation to consult indigenous peoples and guarantee their participation in decisions regarding any measure that affects their territories, considering the special relationship between indigenous and tribal peoples and land and natural resources.

Culturally different peoples require broad political and institutional structures that allow them to participate in public life, and protect their cultural, social, economic, and political institutions in decision-making. This requires, among others, the promotion of intercultural citizenship based on dialogue, the generation of services with cultural adaptation, and differentiated attention to indigenous and Afro-descendant peoples.

It refers to the circumstances (legal, political, administrative, economic and cultural) that make possible citizen participation in a society and their contribution to the decision-making processes on matters that affect them. Freedom of expression, the right to assembly, freedom of association and the right to participate in the direction of public affairs are essential rights for the opening of civic space.

They make it possible for people to exercise democratic control of state management, so that they can question, investigate and consider whether public functions are being adequately fulfilled, as well as to prevent acts of corruption and impunity.

Access to information and the use of the open format (availability of databases and repositories that facilitate the publication, consultation and use of data) are necessary conditions to guarantee transparency and accountability.

The defense of human rights and democracy involves the possibility of making criticisms and proposals to improve the functioning of the State and drawing attention to any obstacle or impediment to the promotion and realization of any human right. The right to defend rights implies providing the necessary means for defenders to freely carry out their activities; take necessary measures to protect your life, personal safety, and freedom; refrain from imposing obstacles that make it difficult to carry out their work, and seriously and effectively investigate the violations committed against them, combating impunity. It is highlighted that the defense of human rights and democracy is also carried out by civil society organizations, universities, National Human Rights Institutions and other associations with academic and social purposes, whose defense work must also be protected.

Compendium on Democratic Institutions, Rule of Law and Human Rights