The Scope of the Extraterritorial Obligation to Respect in the Inter-American Human Rights System: An Approach Fully Consistent with the Demands of the Recognition of the Dignity of All Human Beings

Abstract

The two primary supervisory bodies within the Inter-American Human Rights System, namely the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights, have demonstrated greater consistency than their European counterparts in identifying the basis for extraterritorial jurisdiction and consequently the responsibility of states for violations of their inherent duty to uphold human rights and freedoms. The Inter-American approach to extraterritorial jurisdiction aligns significantly with the 'functional-impact model of jurisdiction.' This model of jurisdiction relies on establishing a direct causal connection between a state's actions beyond its borders and the resulting harm to human rights. This functional, non-spatial approach to extraterritorial jurisdiction is evident in the extensive practice of the Inter-American Human Rights Commission. We argue that the Inter-American Commission's approach to the extraterritorial application of human rights, specifically with regards to the extraterritorial jurisdiction of human rights law—a stance also adopted by the Inter-American Court of Human Rights in its jurisprudence—is more in line with the fundamental requirements for the unconditional protection of human dignity. Consequently, it can be concluded that the aforementioned extraterritorial approach can serve as a source of inspiration for other human rights courts and monitoring bodies.