El mandato transformador del Sistema Interamericano como respuesta a la pandemia a la luz del test democráticoThe Inter-American System's transformative mandate as a response to the pandemic in light of the democratic test.

Abstract

This article analyzes how Latin American democracies should react to the COVID-19 pandemic. From the perspective of a ius constitutionale commune in Latin America, it argues that the greatest challenge lies in passing the inter-American democratic test, which at the intersection of human rights, democracy and the rule of law can guarantee compliance with inter-American standards. A new rationale derives from the mechanisms adopted by the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, in the exercise of the transformative mandate in times of pandemic. It concludes by identifying a “double” democratic test in Latin America that relies on the notion of collective guarantee of human rights standards.