Background and Relevance of Guatemala’s Request
In recent months, Guatemala—as a member of the Inter-American human rights system—submitted a request for an advisory opinion to the Inter-American Court. This request addresses a crucial topic for our region, seeking interpretations on democracy’s status as a fundamental human right.
According to the American Convention on Human Rights, to which our country also adheres, this international court can issue interpretations of the Convention or other treaties without a controversial case (Article 64). The questions raised in Guatemala’s request for an advisory opinion are fundamental for all member states, as it will provide a resolution with transcendent parameters for their internal legal orders.
Democracy’s Importance in Inter-American Legal Framework
Guatemala’s request is legitimate, given the emphasis on democracy as a fundamental value in our societies within the inter-American legal framework and other existing international treaties beyond this system.
The preamble of the American Convention on Human Rights states that American states reaffirm their purpose to consolidate, within the framework of “democratic institutions,” a regime of personal liberty and social justice, founded on respect for human rights.
Article 1 of the Inter-American Democracy Charter asserts that “the peoples of America have the right to democracy, and their governments are obliged to promote and defend it.” It further emphasizes that democracy is essential for the social, political, and economic development of these peoples.
According to the Democracy Charter itself, effective representative democracy is the basis for the rule of law and constitutional regimes of OAS member states (Article 2).
Moreover, the considerative part of the OAS Charter establishes that representative democracy is an indispensable condition for regional stability, peace, and development. Article 2 of the OAS Charter outlines that one of its essential purposes is “to promote and consolidate representative democracy within the principle of non-intervention.”
Guatemala’s Request: Key Question and Implications
In the advisory opinion request 34/2025, “On Democracy and its Protection under the Inter-American Human Rights System,” Guatemala poses the following question:
Are states obligated to guarantee and promote democracy as a human right protected by the American Convention, or as a means to social, political, economic development and the effective exercise of human rights? Or are both assumptions valid?
This request goes beyond clarifying whether democracy is a relevant element for the regional human rights system. It aims to establish if accessing and living in a democracy constitutes a genuine human right, in its subjective dimension.
In practical terms, the court’s determination will decide if an individual affected by a lack of democracy can file a complaint against a state for failing to establish and maintain a democratic system.
Key Questions and Answers
- Question: Guatemala seeks clarification on whether democracy is recognized as a human right protected by the American Convention or merely as a means to broader development.
- Question: The Charter considers representative democracy as the foundation for the rule of law and constitutional regimes of OAS member states.
- Question: The decision could impact how states are held accountable for upholding democratic systems, crucial for the development of democracies in the Americas.
