Rule of law, democracy and human rights in the light of Advisory Opinion OC-28/21 of the Inter-American Court of Human Rights

Abstract

One of the characteristics of the Latin American systemic landscape is the widespread presidentialism. The position of the executive is very strong, with certain law-making powers. Most constitutions of member states of OAS provide for a fixed term of presidential re-election but few of them provide for reelections without a defined limit. Each of these solutions has its own pros and cons. However, the indefinite presidential reelection raises considerable doubts. It may pose a threat to the proper functioning of the state, dismantling democratic oversight, undermine effective exercise of political rights, weaken the institutions and mechanism indispensable for protecting individuals and is contrary to the principle of representative democracy. Human rights, democracy, rule of law go hand in hand and lie at the heart of the Inter-American Court of Human Rights case law. This inextricable link was once again stressed by the IACHR in its advisory opinion on the indefinite presidential reelection in presidential systems in the context of the inter-American system of human rights. The opinion proves that the Court, through its jurisprudence, contributes to enhancement and promotion of the rule of law and the principle of democracy in Latin America.