Written Observations to the Inter-American Court of Human Rights in Advisory Opinion on Democracy

On December 6, 2024, Guatemala filed a request for an Advisory Opinion to the Honorable Inter-American Court of Human Rights (“Court” or the “Honorable Court”) on “Democracy and Political Rights,” in accordance with Article 64(1) of the American Convention on Human Rights (“American Convention” or “ACHR”). In its request, Guatemala asks whether States are obligated under international and Inter-American instruments to guarantee and promote democracy as a human right, as a political, social, and economic system, or both. It also seeks clarification on the specific obligations this entails. Subsequently, the Court has extended an invitation to civil society organizations and individuals to contribute to the Request for an Advisory Opinion and submit their written observations.

HRF, having actively contributed to the discourse on international democracy law and human rights in the region for nearly a quarter-century, respectfully accepted the invitation to present its perspective on democracy as an enforceable legal obligation and a standalone human right. The Court’s formal recognition of the right to democracy would not only resolve the uncertainty within the regional legal framework, but also reinforce a fundamental pillar of the Organization of American States and uphold due process.

Therefore, HRF, represented by its Chief Legal and Policy Officer, Javier El-Hage, respectfully submits these written observations to the Honorable Court pursuant to Article 73(3) of the Court’s Rules of Procedure.