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This chapter explores the inter-American system for the protection of human rights within the Organization of American States (OAS). It focuses on the roles and functions of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, as well as other OAS bodies dedicated to human rights protection. The chapter examines the legal framework, mechanisms, and procedures for addressing human rights violations in the Americas. It highlights the achievements and challenges of the Inter-American system in promoting and safeguarding human rights across the region, and the importance of regional cooperation and solidarity.
This chapter moves away from the judicial behaviour of human rights systems and explores how other factors may influence convergence and fragmentation. First, it shows the reader how non-governmental organisations can be determinant in fostering convergence or triggering fragmentation through different activities. Thy include direct intervention in litigation, lobbying or through third party interventions, that is, amicus curiae. Second, it analyses all the instances where fragmentation does not arise simply because the case does not reach the merits stage. The increasing habit of regional court to encourage applicants to resort to friendly settlements could significantly limit the instances of fragmentation.
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