ABSTRACT

In recent decades, international human rights law has been enriched with different mechanisms and treaties aimed at further protecting human rights, a development that has been seen as a sign of growing international concern and commitment to these ideals. Indeed, it seems that those states that have ratified most of the human rights treaties (regional or universal) offer greater expectations of legal remedies for violations of human rights in their jurisdiction. However, when individuals or collectives claim to be victims of human rights violations and resort to an international mechanism, a complex process begins. In these cases, even when the alleged victim wins a case, it is just the beginning of a long and difficult path towards obtaining the implementation of the international decision at the national level. The result of the process can sometimes be very disappointing and leave the victim in the same or even in a worse situation: a paradoxical process notably illustrated by the claims of indigenous peoples.