The use of transformative provisional measures by the Inter-American Court of Human Rights : toward a tangible impact

The Inter-American Court of Human Rights (IACtHR) has asserted that the deprivation of liberty must not be accompanied by the dispossession of all human rights. The rights of detainees to life, personal integrity, and fair trial must be effectively respected and guaranteed just as they must be ensured to individuals who have not been deprived of liberty. This chapter examines the impact of transformative provisional measures granted by the IACtHR to protect persons deprived of liberty kept in terrible prison conditions. The chapter holds that transformative provisional measures arise out of structural problems, that is, situations in which State authorities have consistently failed to respect, protect, and fulfill the rights of historically marginalized groups. Therefore, transformative provisional measures aim to protect the rights of a multiplicity of persons who are collectively in danger, while also preventing human rights violations. Special attention is given to the transformative provisional measures adopted in the case of the Criminal Institute of Plácido de Sá Carvalho, where the Inter-American Court balances the right to dignified conditions of detention, on the one hand, and the State’s obligation to punish those who commit crimes, on the other.

ISBN:9780197744192

Publication year:2024

Accessibility:Open