The exceptional nature of the Advisory Opinions of the Inter-American Court of Human Rights: a comparative analysis in light of its metalegal impact
Authorship
C.P.C.
Master in International Studies
C.P.C.
Master in International Studies
Defense date
02.18.2025 12:00
02.18.2025 12:00
Summary
The following pages analyse the exceptional nature of the Advisory Opinions of the Inter-American Court of Human Rights through a comparative approach with the advisory function of other international judicial bodies such as the ICJ, the ECtHR and the ADHP Court. Based on a dialectical and comparative methodological framework, it identifies the characteristics that distinguish the Advisory Opinions of the Inter-American Court of Human Rights, especially their extended active legitimation, their normative impact and, in particular, their meta-legal dimension. The study concludes that, although lacking binding force, the Advisory Opinions of the Inter-American Court of Human Rights function as an auctoritas curiae praevalet, establishing highly influential interpretations that strengthen international standards and promote normative, social and political changes in member states. This analysis underlines the uniqueness of the Advisory Opinions of the Inter-American Court of Human Rights as a key instrument for progressivity in the protection of human rights in the Americas. Translated with DeepL.com (free version)
The following pages analyse the exceptional nature of the Advisory Opinions of the Inter-American Court of Human Rights through a comparative approach with the advisory function of other international judicial bodies such as the ICJ, the ECtHR and the ADHP Court. Based on a dialectical and comparative methodological framework, it identifies the characteristics that distinguish the Advisory Opinions of the Inter-American Court of Human Rights, especially their extended active legitimation, their normative impact and, in particular, their meta-legal dimension. The study concludes that, although lacking binding force, the Advisory Opinions of the Inter-American Court of Human Rights function as an auctoritas curiae praevalet, establishing highly influential interpretations that strengthen international standards and promote normative, social and political changes in member states. This analysis underlines the uniqueness of the Advisory Opinions of the Inter-American Court of Human Rights as a key instrument for progressivity in the protection of human rights in the Americas. Translated with DeepL.com (free version)
Direction
ARENAS MEZA, MIGUEL ENRIQUE (Tutorships)
ARENAS MEZA, MIGUEL ENRIQUE (Tutorships)
Court
ARENAS MEZA, MIGUEL ENRIQUE (Student’s tutor)
ARENAS MEZA, MIGUEL ENRIQUE (Student’s tutor)