Articles for category: Inter-American Court of Human Rights

The Spanish Amnesty, the Conflict with Catalonia, and the Rule of Law

The Spanish amnesty for the Catalan independence movement is a victory for the rule of law, rather than a defeat. It is not an exemption from punishment otherwise due, but instead a reflection of the fact that the acts now amnestied should never have been subject to criminal prosecution in the first place. It is thus also a way for Spain to return to compliance with its obligations under European and international human rights law.

Towards Institutional Guarantees for Democratic Rotation

In a recent Advisory Opinion the Inter-American Court of Human Rights established that indefinite presidential re-elections constitute a violation of Inter-American human rights standards. In doing so it sets substantive limits to states regarding the design of their political and electoral systems. This is a far reaching and bold move.