International institutional design and human rights: The case of the Inter-American Human Rights System

Abstract

Most studies examining the effectiveness of international human rights law treat international human rights institutions as equally (un)influential on state behavior. I argue that institutional design explains variation in state response to international human rights law. Using the institutions in the Inter-American Human Rights System (Court and Commission), I argue that judgments from the highly legalized body (Court) are associated with human rights improvements, while decisions from the less legalized body (Commission) are associated with a greater likelihood of formal complaints. Using the Ill-Treatment and Torture data and original data on Commission decisions, I find support for these expectations.