The horizontal effectiveness of the American Convention on Human Rights: an analysis based on the jurisprudence of the Inter-American Court of Human Rights

Abstract

The purpose of this article is to establish the degree of effectiveness of the rights when presented as a legal order of values, also enforceable in the areas of private law. For which it was analyzed the presence of the Drittwirkung der Grundrechte theory in the interamerican human rights system, examining through inter-American jurisprudence the possible implications for the States Parties in their duty of comprehensive protection and due diligence, that is, in their obligation to guard, guarantee and repair human rights violations in relationships between private parties.