Emerging Human Rights Compliers: A Case Study of Colombian Civil Society as Strategic Litigants

Abstract

State’s compliance with international human rights rulings can change public policies, strengthen national legislation and courts as well as restore justice of past atrocities. This thesis studies the impact of strategic litigation from a Colombian standpoint before the Inter-American Court of Human Rights (IACtHR). The common perception is that human rights organizations are not aware that they can contribute to strengthening judicial systems domestically. When looking beyond advocacy and mobilization one uncovers the legal expertise that allows these non-state actors to push the state to comply with past and present human rights breaches.

Representatives from various institutions and levels of society were interviewed during fieldwork in Bogotá in February 2019. Despite discussing emblematic cases in the majority of the 24 interviews, the study does not focus on individual court cases in-depth but how Colombian civil society can impact the Inter-American System litigating incoming and obsolete cases. Over time, these representatives and organizations have developed as competent legal actors which have expanded their reach. This study seeks to uncover how equipped the Colombian actors are in doing so in a country where access to courts is considered fairly secure. The analysis shows that regardless of the type of organization, civil society can hold the Colombian state accountable for complying with rulings of the Inter-American System to a certain extent. The argument adds to the theory of how non-state actors of all societal levels follow social movements and incorporate social issues in their legal activism. Thus, supplement studies on international courts and their legitimacy and effectiveness for a state’s commitment to respect, protect and fulfill international human rights.