International Human Rights Day: IACHR Calls for Protection of Judicial Independence and Democracy

December 10, 2023

Washington, D.C.- In commemoration of International Human Rights Day and to mark the 75th anniversary of the Universal Declaration of Human Rights and the American Declaration of the Rights and Duties of Man, the Inter-American Commission on Human Rights (IACHR) once again asserts that democracy, the rule of law, and human rights are interdependent and essential to achieving peace, stability, and development in the Americas.

As part of these three interdependent elements, the independence of the judiciary should be afforded special protection because it acts as a safeguard against abuses of power, prevents discrimination, and guarantees equality before the law. An independent judiciary also helps prevent impunity over human rights violations. Reflecting this commitment, by adopting the OAS Charter and the Inter-American Democratic Charter, the States of the region have undertaken to promote the consolidation of independent institutions that guarantee justice and human rights.

However, in many countries there are attacks on the independence of the judiciary in the form of legislative initiatives to shorten the terms of office of judicial operators, congressional dismissals through unfounded summary proceedings, political trials based on unclear criteria, acts of harassment motivated by gender or ethnic/racial origin, transfers, unfounded job reassignments, harassment, threats, the filing of criminal and disciplinary charges, and arbitrary detentions in retaliation for the independent exercise of judicial functions.

In this context, the IACHR emphasizes that the judiciary is fundamental to the system of checks and balances. Judicial operators play a crucial role in verifying the conformity, constitutionality, and legality of the acts of other branches of power.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 283/23

10:00 AM