Secretary-General Denounces ‘False Dichotomy’ between Human Rights, National Sovereignty at Event to Mark Fortieth Anniversary of Inter-American Court
Following are UN Secretary-General António Guterres’ remarks, as prepared for delivery, at the Inter-American Court of Human Rights in San José, Costa Rica, today:
I am pleased to be with you to celebrate the fortieth anniversary of this important regional court. I honour the work of the judges of the Court, and the tradition of human rights that you preside over.
It is fitting that this human rights court is based here in San José. Costa Rica has made multilateralism and respect for international law cornerstones of its national identity. I thank Costa Rica not only for hosting the Court, but for embodying the key principles it represents. In a part of the world beset for so long by violence, authoritarianism and corruption, Costa Rica has consistently stood out for its commitment to the principles of democracy, rule of law, peace and human rights.
This is a year of landmark celebrations for the Americas. Seventy years ago, the American Declaration of the Rights and Duties of Man was adopted. It was the first major international document on human rights. The Universal Declaration of Human Rights was adopted a few months later, making human rights one of the three pillars of the United Nations, along with peace and development. Just as with a three-legged stool, each pillar is equally important. You cannot have development without peace, or peace without development, and you can have neither without full respect for human rights. That is why this Court is so important.
Forty years ago, the American Convention on Human Rights entered into force, leading to the establishment of the Inter-American Court of Human Rights. Over the four decades of its existence the Court has pioneered constitutional, legislative and policy reform in support of human rights. You promote States’ compliance with human rights norms and hold them responsible for violations. You provide moral leadership and act against human rights abuses and those who perpetrate them. You have given recourse to thousands of victims who have endured human rights violations. And you have shown the indispensability of regional human rights systems, even in contexts of social conflict where violations are widespread.
At the time of the Court’s establishment, authoritarian regimes were predominant in the region. Gross human rights violations were common, including enforced disappearances and torture. Against this inhospitable background, the inter-American human rights system has prospered, helping to reduce human rights violations, enforce accountability and strengthen human rights standards. The work of the Court and the Inter-American Commission on Human Rights thus contributed significantly to the wave of democratization in the Americas.
In 1988, the landmark ruling in the case Velasquez Rodriguez vs. Honduras established the responsibility of States to investigate, sanction and provide redress for human rights violations such as enforced disappearances. The Court has also contributed to the advancement of the rights of indigenous peoples and people of African descent to land, territory and natural resources. And more recently, the Court has ruled on a broad range of human rights challenges, such as the right to nationality, the responsibility of the judiciary and the development of due diligence standards in cases of violence against women.
Yet, despite these advances, the principles of fundamental human rights are still being tested — not just in the Americas but in all regions. We see criticism being criminalized, and human rights defenders and environmental activists intimidated and being killed. We see attempts to undermine the independence of the judiciary. We see women denied reproductive rights. We see racists and xenophobes deliberately inflaming hatred and discrimination. We see marginalized communities discriminated against and excluded from development and opportunities while inequalities grow.
These actions endanger us all. It is imperative that people and their leaders everywhere recommit to and stand up for all human rights — civil, political, economic, social and cultural. These are the values that underpin our aspirations for a fairer, safer and better world for all, encapsulated by the 2030 Agenda for Sustainable Development.
The Americas have come a long way from the dark days of the 1970s and 80s. But some parts of the region still face significant human rights challenges — impunity, widespread violence and insecurity, reduced democratic space, high rates of gender-based violence, poverty, inequality and discrimination. Corruption hampers the State’s ability to address these challenges, and undermines citizens’ trust in the democratic system.
Those carrying the burden of human rights violations are predominantly the people who suffer historically from discrimination and marginalization — children, women, indigenous communities, people of African descent, migrants, refugees, the rural poor, persons with disabilities and the LGBTI community. This Court is their recourse. It has amplified the voice of victims and the vulnerable. It has an indispensable role in advancing and enforcing human rights norms and standards, and it has established essential benchmarks for domestic courts to meet.
Yet, 40 years from the Court’s establishment, a number of States have yet to recognize its jurisdiction. Even in States that recognize the Court, we see dangerous precedents being opened by rulings which fail to recognize the Court’s decisions as binding. We are also seeing political leaders criticizing the very foundations of the human rights system. We must overcome the false dichotomy between human rights and national sovereignty. Human rights and national sovereignty go hand in hand. The promotion of human rights strengthens States and societies, thereby reinforcing sovereignty. And the best defenders of human rights are well-functioning sovereign States.
That is why we must all remain vigilant. The promotion and protection of human rights can never be taken for granted. The dignity, freedom and safety of people are at stake.
A quarter-century ago, the World Conference on Human Rights endorsed efforts to increase the effectiveness of regional human rights systems and stressed the importance of cooperation with the United Nations human rights system. I am here to affirm that the United Nations will continue working to support your efforts.
As we celebrate the history of this Court — and the seventieth anniversary of the Universal Declaration of Human Rights — we must never forget that human rights are more than just words. They are the foundations of our progress as a people, indispensable for peace and development. They demand to be put into practice, especially in the daily lives of the poorest and most marginalized. Human rights are our collective responsibility and everyone has a role to play in preserving and promoting them.
As we celebrate four decades of the Inter-American Court of Human Rights, let us remember that there can be no sustainable prosperity unless all can benefit. And there can be no durable peace without justice and respect for human rights.
I commend the efforts of this Court and urge you to remain vigilant and committed to the protection and promotion of human rights throughout the Americas.
Thank you.