Periodic Reporting for period 1 - IMPACTUM (ASSESSING THE IMPACT OF URGENT MEASURES IN PROTECTING AT-RISK DETAINEES IN LATIN-AMERICA)
Reporting period: 2022-12-01 to 2025-05-31
IMPACTUM aims to access the diverse impacts of urgent measures (UMs) adopted by international human rights bodies to protect persons deprived of liberty in six Latin American countries.
The project seeks to develop a critical normative impact framework useful to provide a deeper theoretical analysis, as well as insight into how to formulate UMs to maximise their practical protective effects.
A qualitative and multidisciplinary approach is essential to achieve the desired outcomes.
The project seeks to develop a critical normative impact framework useful to provide a deeper theoretical analysis, as well as insight into how to formulate UMs to maximise their practical protective effects.
A qualitative and multidisciplinary approach is essential to achieve the desired outcomes.
A number of research achievements have been made in line with the objectives of the project. In the initial two-year period, the IMPACTUM team concentrated their research efforts on the identification, collection and analysis of the UMs adopted by the Human Rights Committee, the Inter-American Commission and Court of Human Rights in Peru and Ecuador (PI, L. Negro, C. Vercammen), Colombia and Guatemala (PI and G. Parra), El Salvador and Nicaragua (PI and K. Murphy), and the development of a theoretical framework to assess the impact of UMs (PI, Prof Haeck and A. Hansen). Furthermore, the team has engaged in continuous scholarly dialogue with experts from a range of academic fields, thereby contributing to the advancement of our research. Our findings have resulted in a number of publications (see below) that have contributed to the development of IMPACTUM and the academic discourse.
More particularly, the co-edited book ‘Human rights behind bars: tracing vulnerability in prison populations across continents from a multidisciplinary perspective’ (Springer) has been published. The book was co-edited by the PI. The book has enabled the team to undertake a comprehensive analysis of the structural problems and challenges faced by individuals deprived of their liberty from a range of disciplinary perspectives, including international human rights law, criminology, political science, and public health. An expert workshop will be held in December 2024 with the objective of furthering the academic dialogue and analysis on the topic. The PI has contributed several chapters to this volume, including; "Tracing Vulnerability in Prison Populations across Continents from a Multidisciplinary Perspective"; "Transformative Provisional Measures and Prisons in the Americas: Protecting the Invisibles"; "LGTBI Persons Deprived of Liberty: Overrepresented, Extremely Vulnerable, and De Jure Invisible," and "Concluding Remarks: Examination and Suggestions from a Multidisciplinary Perspective".
PI has conducted comprehensive research on UMs, examining their evolution within HRs bodies and their practical implications. In this context, PI has also co-authored a chapter "Urgent measures" in Binder C, Nowak (et al.), editors. Elgar Encyclopedia of Human Rights (Edward Elgar), and the PI co-wrote also the chapter ‘Comentario al Procedimiento al Sistema Interamericano de Derechos Humanos: Artículo 76 Del Reglamento de La Comisión Interamericana de Derechos Humanos’ in ‘Comentario al Procedimiento Ante El Sistema Interamericano de Derechos Humanos’ (Konrad Adenauer Stiftung). Furthermore, the PI has co-authored the contribution entitled ‘Protecting at-risk people in the Americas: what can be expected from provisional measures adopted by the Inter-American Court of Human Rights?’ for the Liber Amicorum ‘Of swords and shields: due process and crime control in times of globalization’ (Eleven Publisher).
PI proposes a new concept, 'Transformative Provisional Measures', which could enrich the scholarly discussion on UMs, which is one of the objectives of IMPACTUM. This concept has been elaborated in the chapter she co-wrote with Prof Haeck entitled 'The Use of Transformative Provisional Measures by the Inter-American Court of Human Rights: Toward a Tangible Impact' for the volume 'The Impact of the Inter-American Human Rights System' (OUP).
PI is shortly to publish two co-edited books (in 2025). The first of these, entitled ‘Impact(s) within the Human Rights Framework" (Edward Elgar Publishing). This volume incorporates diverse approaches of how to analyse the human rights decisions in order to rethink the notion of impact. The second book ‘Human Rights in Latin American Prisons: Towards a More Comprehensive Understanding', reflects the complexity of the prison problem in Latin-America. It provides insights into different national carceral systems and their ways of dealing with human rights behind bars. At the same time, the critical comparison also helps to identify basic needs and practices that can work in various settings. The book identifies several issues where further efforts need to be taken to deepen the academic dialogue.
IMPACTUM PhD researchers have also made considerate advances, whereby they developed the theoretical and methodological chapters of their PhD dissertations, as well as chapters about the legislative framework of their study and the political contextual background of their countries the subject of study. They have presented this part of their PhD research in papers for the first international advisory board meeting (Sept 2023), and the Conference of the Association of Human Rights Institutes (AHRI) in Sept 2024.
More particularly, the co-edited book ‘Human rights behind bars: tracing vulnerability in prison populations across continents from a multidisciplinary perspective’ (Springer) has been published. The book was co-edited by the PI. The book has enabled the team to undertake a comprehensive analysis of the structural problems and challenges faced by individuals deprived of their liberty from a range of disciplinary perspectives, including international human rights law, criminology, political science, and public health. An expert workshop will be held in December 2024 with the objective of furthering the academic dialogue and analysis on the topic. The PI has contributed several chapters to this volume, including; "Tracing Vulnerability in Prison Populations across Continents from a Multidisciplinary Perspective"; "Transformative Provisional Measures and Prisons in the Americas: Protecting the Invisibles"; "LGTBI Persons Deprived of Liberty: Overrepresented, Extremely Vulnerable, and De Jure Invisible," and "Concluding Remarks: Examination and Suggestions from a Multidisciplinary Perspective".
PI has conducted comprehensive research on UMs, examining their evolution within HRs bodies and their practical implications. In this context, PI has also co-authored a chapter "Urgent measures" in Binder C, Nowak (et al.), editors. Elgar Encyclopedia of Human Rights (Edward Elgar), and the PI co-wrote also the chapter ‘Comentario al Procedimiento al Sistema Interamericano de Derechos Humanos: Artículo 76 Del Reglamento de La Comisión Interamericana de Derechos Humanos’ in ‘Comentario al Procedimiento Ante El Sistema Interamericano de Derechos Humanos’ (Konrad Adenauer Stiftung). Furthermore, the PI has co-authored the contribution entitled ‘Protecting at-risk people in the Americas: what can be expected from provisional measures adopted by the Inter-American Court of Human Rights?’ for the Liber Amicorum ‘Of swords and shields: due process and crime control in times of globalization’ (Eleven Publisher).
PI proposes a new concept, 'Transformative Provisional Measures', which could enrich the scholarly discussion on UMs, which is one of the objectives of IMPACTUM. This concept has been elaborated in the chapter she co-wrote with Prof Haeck entitled 'The Use of Transformative Provisional Measures by the Inter-American Court of Human Rights: Toward a Tangible Impact' for the volume 'The Impact of the Inter-American Human Rights System' (OUP).
PI is shortly to publish two co-edited books (in 2025). The first of these, entitled ‘Impact(s) within the Human Rights Framework" (Edward Elgar Publishing). This volume incorporates diverse approaches of how to analyse the human rights decisions in order to rethink the notion of impact. The second book ‘Human Rights in Latin American Prisons: Towards a More Comprehensive Understanding', reflects the complexity of the prison problem in Latin-America. It provides insights into different national carceral systems and their ways of dealing with human rights behind bars. At the same time, the critical comparison also helps to identify basic needs and practices that can work in various settings. The book identifies several issues where further efforts need to be taken to deepen the academic dialogue.
IMPACTUM PhD researchers have also made considerate advances, whereby they developed the theoretical and methodological chapters of their PhD dissertations, as well as chapters about the legislative framework of their study and the political contextual background of their countries the subject of study. They have presented this part of their PhD research in papers for the first international advisory board meeting (Sept 2023), and the Conference of the Association of Human Rights Institutes (AHRI) in Sept 2024.
It is my conviction that three contributions represent a substantial advancement in the field of UMs research, advancing it beyond the current state of the art. One of the project's achievements was unplanned (the first one), while the other two were planned into the IMPACTUM proposal.
First achievement beyond the state-of-the-art: The chapter entitled ‘The Use of Transformative Provisional Measures by the Inter-American Court of Human Rights: Toward a Tangible Impact’ for the volume ‘The Impact of the Inter-American Human Rights System: Transformations on the Ground’, (Oxford University Press). In this article, which I co-authored with Prof Haeck, we introduce a novel concept, 'transformative urgent measures', which has not previously been articulated in academic discourse. This constitutes a fundamental aspect of the theoretical framework for impact assessment. The article is the result of a series of academic discussions with numerous colleagues, including those from the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany).
Second achievement beyond the state-of-the-art: The chapter entitled ‘A Theoretical Model for Measuring the Impact of Urgent Measures that Protect at-risk Detainees’. In collaboration with Prof Haeck and researcher A. Hansen, I developed a theoretical model, which aims to assess the impact of UMs in the context of deprivation of liberty. This is the first study to propose a theoretical framework within this field of research.
Third achievement beyond the state-of-the-art: The chapter entitled ‘An analysis of the Interim Measures adopted by the UN Human Rights Committee from 1977 until 2023 with a Particular Focus on the case of Polay Campos v Peru’, was co-authored by PI and researcher L. Negro. It presents research that has not been discussed in any previous literature. The article provides a comprehensive analysis of the HRC's use of UMs to protect detainees in Latin America, examines state compliance with these measures, and explores the notions of compliance and impact, as well as how (and to what extent) UMs can prevent human rights violations in practice. Additionally, it compares the HRC’s approach with that of the Inter-American human rights system.
First achievement beyond the state-of-the-art: The chapter entitled ‘The Use of Transformative Provisional Measures by the Inter-American Court of Human Rights: Toward a Tangible Impact’ for the volume ‘The Impact of the Inter-American Human Rights System: Transformations on the Ground’, (Oxford University Press). In this article, which I co-authored with Prof Haeck, we introduce a novel concept, 'transformative urgent measures', which has not previously been articulated in academic discourse. This constitutes a fundamental aspect of the theoretical framework for impact assessment. The article is the result of a series of academic discussions with numerous colleagues, including those from the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany).
Second achievement beyond the state-of-the-art: The chapter entitled ‘A Theoretical Model for Measuring the Impact of Urgent Measures that Protect at-risk Detainees’. In collaboration with Prof Haeck and researcher A. Hansen, I developed a theoretical model, which aims to assess the impact of UMs in the context of deprivation of liberty. This is the first study to propose a theoretical framework within this field of research.
Third achievement beyond the state-of-the-art: The chapter entitled ‘An analysis of the Interim Measures adopted by the UN Human Rights Committee from 1977 until 2023 with a Particular Focus on the case of Polay Campos v Peru’, was co-authored by PI and researcher L. Negro. It presents research that has not been discussed in any previous literature. The article provides a comprehensive analysis of the HRC's use of UMs to protect detainees in Latin America, examines state compliance with these measures, and explores the notions of compliance and impact, as well as how (and to what extent) UMs can prevent human rights violations in practice. Additionally, it compares the HRC’s approach with that of the Inter-American human rights system.