Acceso usuarios
Javier Mijangos González
The study of the of the IACHR case law, shows that the Court has developed a theory of the applicability of fundamental rights in private relations within the Latin American context, with the ultimate goal of approaching the most important social problems of Latin American contemporary history. This theory has contributed to the democratical transition of many countries of the region. The IACHR case law has phases. The first one includes judgments whose main issue were the Member States duties to respect and protect the fundamental rights listed in the Convention. In this judgments the IACHR adopts a doctrine that resembles the American “state action”. In the second phase, the IACHR judgments held that the Convention duties were to be considered erga omnes obligations reaching not only state citizen relations, but also inter privates relation. Lastly, the third phase is well represented by its most relevant case the, Advisory Opinion 18/03 solicited by the United Mexican States regarding the legal status of immigrants. The opinion is meant to be crucial for the final recognition of the Drittwirkung of fundamental rights in Latin America
