The right to freedom of expression has particularly broad protection in the Inter-American system of human rights. The American Convention is the most generous treaty worldwide. In developing this normative framework, the Inter-American system has produced an important doctrine that has had a notable impact in the region during the first decade of this century. Faced with the democratic backlash in the region in the last decade, these standards have served as a barrier of resistance to empty the protection of the right to freedom of expression. In some cases, authoritarianism has been successful, but in others, the doctrine of the Inter-American system has served as an apical barrier of resistance. That is what this conference is about.
The thesis is that transformative constitutionalism is a reflection of two types of informal constitutional reforms (Albert, R. 2019) or constitutional mutations (Jellinek, 1906) that articulate with each other and are shaping another form of an imperfect democracy. The informal reform or mutation of institutional order, by disuse or lack of exercise of state powers (in particular the legislator and the government). And as an effect of the vacuum produced by this, the common informal reform or constitutional mutation by the constitutional practice of constitutional and inter-American judges, to attend from the constitutional law and human rights to the underrepresented social demands and the claims of inclusion with material equality of minority groups or in conditions of vulnerability and equitable distribution of scarce public resources.
The reparations ordered by the Inter-American Court of Human Rights have had an impact on the vindication of the rights of victims in the continent; but it has also made evident the problems that some of the States have to effectively repair, through concrete actions, the human rights violations. Mexico is no exception. The decisions of the IACHR Court against Mexico have dealt with issues related to gender violence and the disappearance of persons. Do these rulings have a real impact on the reparation of victims' rights? Reflection on this issue is important, especially when we are talking about shared legal norms that are driving a considerable constitutional transformation in the region. Through this participation, I intend to outline the state of the art on the impact of the reparations ordered by the IACHR Court in the judgments against Mexico.