A Critical View of the Protection of Refugees and IDPs by the Inter-American System of Human Rights: Re-assessing its Powers and Examining the Challenges for the Future

Abstract

The paper critically assesses the law in action of the Inter-American System of Human Rights (IASHR) in the protection of the human rights of Internally Displaced Persons (IDPs) and refugees in the American continent. To this end, it sets out the key assumptions of a “working theory in development”, in the early stages of formation, for the protection of IDPs and refugees. The IASHR is usually seen as all-powerful, to which people in the American continent can go to in order to protect their human rights. The IASHR, however is unable to deal with all the critical problems that the continent faces, among which IDPs and refugees are but two. Nevertheless, the system has tried, within the existing constraints, to build a working theory for the protection of these vulnerable populations; a theory where precautionary and provisional measures have played a prominent role. The article also points out different legal tools that could help in the protection of these vulnerable populations.