Inter-American system for the protection of human rights. OAS
Argentina conceives of the Inter-American System as much more than a contentious mechanism: it also sees the System as an early warning instrument which favours the adoption of institutional improvement measures, and an invaluable source of law for legislation, case law, and public policy development as regards human rights.
As a result, Argentina places high value on the bodies of the System, especially since the historic visit of the Inter-American Commission on Human Rights (IACHR) in 1979, which reported the mass human rights violations that were taking place in Argentina during the last dictatorship. In addition, Argentina appreciates the fact that the case law of the Inter-American Court of Human Rights (IACHR) and the decisions of the IACHR inspired historic judgments by the highest Argentine courts and contributed to eradicating impunity for crimes against humanity, in a historic process of Memory, Truth, Justice, and Reparations, unprecedented in regional and world history.
The reparative policy and the policy to cooperate with the IACHR implemented by the Argentine government have translated into friendly solutions to cases processed by the IACHR, resulting in specific impact in terms of institutional progress, as illustrated by the following examples:
- Declaration of unconstitutionality of impunity laws, which enabled the reopening of proceedings for crimes against humanity (Argentine Supreme Court, case: Simon, IACHR Report No. 28/92, case: Barrios Altos, IACHR).
- Right to the truth in a context of impunity (case: Lapacó).
- Reparative policy of the Argentine government for human rights violations during the military dictatorship (case: Birt and others).
- Repeal of the offence of contempt (case: Verbitsky).
- Repeal of the Code of Military Justice (case: Correa Belisle).
- Reform of the migration law (case: Juan Carlos de la Torre).
- Amendment to the so-called social security solidarity law (case: Menéndez Caride and others v. ANSES).
- Decriminalization of libel and slander for matters of public interest (case: Kimel).
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