DIALOGUE BETWEEN REGIONAL HUMAN RIGHTS COURTS 341.245.2 C827d Inter-American Court of Human Rights Dialogue between Regional Human Rights Courts / Inter-American Court of Human Rights (comp.).– I/A Court HR, 2020 216 p.: 22 x 14 cm. ISBN (book) 978-9977-36-262-5 ISBN (digital) 978-9977-36-261-8 1. Human rights 2. International human rights law 3. International courts 4. International human rights instruments 5. Inter-American human rights system I. Ferrer Mac-Gregor Poisot, Eduardo II. Guterres, António III, Alvarado Quesada, Carlos IV. Oré, Sylvain V. Raimondi, Guido VI. Scholz, André TABLE OF CONTENTS Preface ........................................................................................... 7 Inauguration of the 40th Anniversary commemorations ........11 Eduardo Ferrer Mac-Gregor Poisot ....................................... 13 António Guterres ................................................................... 21 Carlos Alvarado Quesada ...................................................... 27 Dialogue between Regional Human Rights Courts................. 33 Eduardo Ferrer Mac-Gregor Poisot ....................................... 35 Sylvain Oré ........................................................................... 43 Guido Raimondi .................................................................... 49 André Scholz ........................................................................ 55 Session 1. From the interpretation of norms to social change: human rights treaties as living instruments in light of reality .................................................... 59 Armin von Bogdandy, The mandate of the inter-American system: transformative constitutionalism by a common law of human rights ............ 61 Ângelo Matusse .................................................................... 75 Branko A. Lubarda ............................................................... 83 Elizabeth Odio Benito ......................................................... 107 Mónica Pinto .......................................................................113 Session 2. Authority and legitimacy of the regional courts: Impact, resistance, difficulties and challenges ..........117 Manfred Nowak, Authority and legitimacy of the regional courts: Impact, resistance, difficulties and challenges ......................................................................119 Ben Kioko ............................................................................ 143 Abel Campos ....................................................................... 155 Humberto Antonio Sierra Porto ........................................... 161 Michelo Hansungule ............................................................ 169 Session 3. Strengthening cooperation between the three regional human rights courts ................................................. 173 Anja Seibert-Fohr, Judicial dialogue from an interregional perspective .................................................... 175 5 Suzanne Mengue Ntyam Ondo ............................................ 187 Ganna Yudkivska ................................................................ 195 Eduardo Vio Grossi ............................................................. 201 Patricio Pazmiño Freire ....................................................... 209 Declaration of San José ........................................................... 215 6 PREFACE On July 17, 2018, the first Dialogue between Regional Human Rights Courts was held at the seat of the Inter-American Court of Human Rights in San José, Costa Rica. Presidents and judges of the African Court on Human and Peoples’ Rights, the European Court of Human Rights and the Inter-American Court of Human Rights took part in this event, together with eminent international experts. The purpose of the Dialogue between Regional Human Rights Courts was to strengthen interaction and cooperation between the three courts. This first meeting was a historic milestone and the logical consequence of different initiatives held previously to strengthen the ties between the courts. These included bilateral meetings or meetings in Arusha, Strasbourg and San José, staff exchanges, joint publications, and the signature of cooperation agreements. On this 40th anniversary of the entry into force of the American Convention on Human Rights and the creation of the Inter-American Court of Human Rights, we are witnesses to the progress made by international human rights law and national legal systems. However, the situation today also reminds us that, throughout the world, there have been significant setbacks and also attacks on human rights and the international protection mechanisms. In the face of this reality, the Inter-American Court has considered it essential to strengthen the dialogue and increase the cooperation and the ties between our institutions in order to improve the protection of the human rights of everyone, regardless of the continent where they live. Consequently, our Court has proposed, first, to hold a meeting of the three regional Courts and, second, to set out in a declaration the intention that such working meetings should be formalized and repeated regularly. The first of these proposals has materialized with the holding of the first Dialogue between Regional Human Rights Courts, the objectives of which were: (a) to share the most important legal, institutional and case law developments of the three courts; (b) to discuss the main challenges and difficulties they face, and (c) to define joint courses of action, reinforcing cooperation and dialogue. 7 DIALOGUE BETWEEN REGIONAL HUMAN RIGHTS COURTS To achieve these objectives, three working sessions were held: the first dealt with the passage from the interpretation of norms to social change; the second addressed matters relating to the authority and legitimacy of the regional courts, and the third focused on questions relating to cooperation between the three courts. Each session began with a brief introduction by the moderator; an expert then gave an initial presentation, which was followed by the comments of a judge of each court, before a discussion was held between all the participants. At the end of each session, the moderator presented the main conclusions of the discussion. This publication includes the presentations made during the Dialogue in order to preserve a record of this historic event and, also, to disseminate the productive discussions held on that occasion. The publication also includes the addresses given by the United Nations Secretary-General, António Guterres, and the President of the Republic of Costa Rica, Carlos Alvarado Quesada, who accompanied us on July 16, 2018, in the inauguration of the week of commemorations of the 40th anniversary. Lastly, this publication includes the Declaration of San José, Costa Rica, signed by the Presidents of the three regional courts and by the President of the Republic of Costa Rica, acting as witness of honor. The Declaration of San José officialized the intention of the three regional human rights courts to increase their joint efforts by holding a Permanent Forum for Institutional Dialogue. The purpose of the Forum is to strengthen the protection of human rights and access to international justice of all those subject to the jurisdiction of the three courts; to contribute to State efforts to strengthen their democratic institutions and mechanisms for the protection of human rights, and to overcome common difficulties and challenges for the effective realization of human rights. We hope that this text contributes to an extensive reflection on our work and, ultimately, to improving the protection of the human rights of everyone. It just remains for me to express deep appreciation to the three courts and to all those who made this historic event possible. Evidently, the Inter-American Court would also like to highlight the generous contribution of the German cooperation agency, GIZ, and especially, the significant support of the DIRAJus II Program based 8 INTER-AMERICAN COURT OF HUMAN RIGHTS in Costa Rica which enabled us to hold this meeting in San José and made this publication possible. Judge Eduardo Ferrer Mac-Gregor Poisot President of the Inter-American Court of Human Rights, 2018 - 2019 9 INAUGURATION OF THE 40TH ANNIVERSARY COMMEMORATIONS Inauguración Semana 40 Aniversario July 16, 2018 16 de Julio de 2018 INAUGURACInauguralIÓN DE LA SEMANAAddresses DEL 40 ANIVERSARIO Discurso de Apertura 16 de julio de 2018 Discursos de apertura Juez Eduardo Ferrer Mac-Gregor Poisot Presidente de la Corte InteramericanaJudge de Derechos Humanos Eduardo Ferrer Mac-Gregor Poisot President of the Inter-American Court of Human Rights Inauguration of the Inauguración40th Anniversary Semana Commemorations 40 Aniversario s President, and on behalf of my colleagues of the Inter- American Court of Human Rights, it is a great honor to give the opening address to this week of events to commemorate Ath the 40 anniversary of the entry into force of the American Convention on Human Rights and the creation of the Inter-American Court. This commemoration is especially significant because this year is also the 70th anniversary of both the American Declaration and the Universal Declaration of Human Rights. First, I would like to express the gratitude of the Inter-American Court’s judges and officials to the President of the Republic of Costa Rica who is visiting this court for the first time following his election as President of this great nation last April