The fragmented ways of human protection: the subject right of petition, the concept of victim and the amicus curiae as indicators of access to the Inter-American and European Human Rights Protection Systems

Abstract

The research report has elaborated in constitutional-international law context, and the object is the universal access to the human rights protection systems. The research question is what is the subject role in these protection systems. That is an epistemology and applied research, with documentary and bibliographical technical research, that (re)discusses the notion of subject in the post-modernity fragmentation context, that is presented in double dimension: as victims of human violations and to encourage the construction of the public sphere of human rights. As the demarcation issue, the comparison is made between the European and Inter-American human rights systems in three perspectives: institutional analysis, examination of access and verification of the construction of legal concepts on human rights with the participation of the subject. The search is performed within the research group of Internationalization of Law. The discussion of research hypotheses is based on two points. The first concerns the advancement of European and Inter-American human rights protection systems in judicial construction and realization of fundamental values protected by the Convention. The second refers to the actions of the subject as a victim conduct to build common values, and creating conditions of possibility individuals and other actors to access the human rights protection systems can be the start the construction of a communicative public sphere world on human rights. The European and Inter-American system, which are at different times and have different speeds, developed a common background, about the need to respect the dignity of the human person. However, at present, which analyzes the process of cross-fertilization in the light of Internationalization of Law, we can see an Inter-American system concerned with evolving saga in his quest for the realization of human rights and a model of rationality that allows direct access to the person before the court, without the destruction of the symbolic heritage built by Inter-American Comission of human rights, while the European system, in turn, finds herself in a moment of attention, especially in the clash between the demands of the economy (the “combat” to illegal immigrants) and soul built around human rights (protection of the human person, regardless of their origin or of their legal heritage).