ABSTRACT

During the last three decades, national human rights institutions in the form of human rights ombudsmen have been established in almost all Latin American countries. These institutions are potentially important for providing access to justice and protection of human rights to broader segments of the population, and generally enjoy a high degree of popular confidence. Yet, they also differ between themselves with regard to their actual effectiveness as well as their independence from the state institutions whose actions they are supposed to supervise. This chapter presents an overview of the ombudsmen in Latin America in terms of their structure, mandate, and relationship to other actors. It outlines the history and current status of the institution, and gives an account of scholarly debates concerning the institution. In that latter regard, particular attention is given to discussions regarding whether an institution that lacks sanctioning powers can be expected to elicit compliance with its recommendations, and the broader effects that the introduction of the ombudsman has had on the region’s legal and political systems.