Pérez-Liñán, A;
Morrison, K;
Schenoni, LL;
(2024)
Addressing conceptual challenges: Compliance and impact.
In: von Bogdandy, Armin and et al., (eds.)
Impact of the Inter American Human Rights System Transformations on the Ground.
(pp. 564-583).
Oxford University Press: New York, NY, USA.
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Abstract
To understand how States implement orders of the Inter-American Human Rights System, it is crucial to consider the question of time for two primary reasons. Firstly, the incentives for governments to comply with legal outcomes change over time, and secondly, States often intentionally delay their compliance with reparative measures. Thus, time is a relevant consideration when assessing legal outcomes and accounting for State behavior. This chapter proposes new criteria to evaluate compliance over time and illustrate those criteria with evidence from the Inter-American Court of Human Rights (IACtHR). To this end, the chapter introduces the distinction between “snapshot” metrics, which compare State implementation at a single point in time, and “discrete-time” metrics, which assess levels of compliance on an annual basis. After discussing two conventional snapshot metrics—the static rate of compliance and the average compliance time among closed measures—the chapter introduces two novel metrics: (1) the annual probability of compliance and (2) the expected time for compliance (ETC). The annual probability of compliance and the ETC are mathematically equivalent and thus exchangeable. An analysis of all cases decided by the IACtHR between 1989 and 2018 indicates that compliance with reparation measures follows a distinctive life cycle over time. The chapter concludes by emphasizing the conceptual distinction between compliance and impact and then provides some warnings about potential tensions between State compliance and political backlashes.
| Type: | Book chapter |
|---|---|
| Title: | Addressing conceptual challenges: Compliance and impact |
| ISBN: | 0197744168 |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1093/oso/9780197744161.003.0029 |
| Publisher version: | https://doi.org/10.1093/oso/9780197744161.003.0029 |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| Keywords: | human rights, discrete-time metrics, impact measurement, annual probability of compliance, expected time for compliance |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS > Dept of Political Science |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10220235 |
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