The culture of peace in the Inter-American System of Human Rights

Abstract

The objective of this article is to review whether the culture of peace has been recognized in the instruments of the Inter-American System for the protection of human rights and in the jurisprudence of contentious cases resolved by the Inter-American Court of Human Rights, because its recognition reaffirms its nature as a human right. The findings of the research indicate that, in the Inter-American System, the culture of peace is only recognized in the Inter-American Convention on Protecting the Human Rights of Older Persons, however, not as a right per se; while it is referenced in seven contentious cases (two of which are related to provisional measures) indirectly and not as a human right. Based on this, it is considered that there is still a lack of development and recognition of the culture of peace in the Inter-American System of Human Rights protection unlike the Universal System, that shows greater progress in declarative instruments. Nevertheless, the proposal lies in its recognition under the principles of universality and interdependence that it shares with the human right to peace and using derivative technique. The importance of its recognition lies not only in its symbolic value but in the transition from a discursive value to its justiciability and enforceability as a human right.