Access to Information and Justice in the Inter-American Court of Human Rights for the Defence of Human Rights during the Pandemic

By:  Judge Ricardo C. Pérez Manrique

Judge Ricardo C. Pérez Manrique is a judge of the Inter-American Court of Human Rights. Previously, he was a Minister of the Supreme Court of Justice of the Republic of Uruguay.

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The COVID-19 pandemic has posed new and severe challenges for the defence of human rights, affecting especially the most vulnerable groups of people and revealing the profound inequality of the world in which we live.

Latin America is one of the most unequal areas on the planet, and, therefore, the impact of the pandemic has placed human rights severely at risk. For instance, millions of people are left with no daily sustenance to survive or healthcare, and children’s access to the right to education now depends exclusively on their internet connection.

The Inter-American Court of Human Rights issued a declaration on 9 April, just after the start of the pandemic in the region, titled "COVID-19 and human rights: the issues and challenges must be addressed from a human rights perspective and with respect for international obligations."[1] It calls for the pandemic to be tackled with full respect for the Inter-American instruments for the protection of human rights and within the framework of the rule of law. I would like to emphasize three aspects of this declaration: the call for truthful and verifiable access to information, as well as to the internet; the warning against video surveillance technologies and finally, the need for access to justice and protection of journalists and human rights defenders.

“COVID-19 challenges must be addressed from a human rights perspective and with respect for international obligations, in particular, with regard to access to truthful and verifiable information and access to justice and protection of journalists and human rights defenders.” [2]

At the jurisdictional level, the Court has issued rulings that deal with the protection of persons, including women and children, in migrant facilities. The Court urged national governments to take various preventive measures and provide healthcare for these persons, some of whom had COVID-19 or are at risk of such infection. In this sense, the Court has expressly called for the necessary international cooperation to address these types of problems related to migratory movements between states, particularly during the pandemic.

At the internal level, the Court has also established a working and case-processing mechanism that allows it to function under the conditions originating from the pandemic. For this reason, hearings are held by electronic means. The Court is also in session and has continued to operate by issuing judgments and decisions to monitor compliance with rulings and provisional measures, among other activities. Of particular relevance are the hearings on requests for advisory opinions in which both states and various organizations and individuals are heard.

Furthermore, it has begun an active communication policy for all its activities and decisions, promoted seminars and courses and created a network of journalists interested in human rights issues in the region.

Access to Inter-American justice is essential for the enforcement of human rights in emergency situations, such as this one, and this has been identified by the Court. It has acted so that people in the region have access to claim their rights before the Court and to all its decisions and activities.