Should regional human rights courts, such as the Inter-American Court of Human Rights (IACHR) and the European Court of Human Rights (ECHR), expand their mandates to explicitly address corruption? Commentators have explored the possibilities of incorporating corruption into the human rights framework (see here and here), and in a previous post, Kaitlin Beach specifically explored the benefits of utilizing regional human rights courts to address corruption (see here and here). Kaitlin emphasizes certain advantages that regional human rights courts have, mainly their flexibility in the types of reparations they can demand. This enables them to order structural anticorruption changes at the state level, as opposed to simply issuing individual indictments.
Despite these advantages, though, we should not get our hopes too high about the role these courts can play in the fight against corruption. Indeed, the IACHR – which Kaitlin points to as her lead example for the productive role that regional human rights bodies can play in combating corruption – is currently burdened by its lack of compliance mechanisms, inefficiency, and financial instability. These setbacks have caused the IACHR to have only limited success in combating human rights abuses. To expect an institution that is still struggling to fulfill its original mandate to also take on an additional mission is unrealistic, and adding this additional burden would further strain the limited resources that courts like the IACHR have available to remedy human rights abuses.
Consider the following limitations of the IACHR, which are characteristic of other regional human rights bodies as well, and which make it unlikely that these institutions will be able to do what some anticorruption advocates hope: Continue reading