This chapter analyses the convergence between the founding values of the European Union, as set out in Article 2 of the Treaty on European Union (TEU), and the normative structure of the inter-American system for the protection of human rights. It examines whether values such as human dignity, freedom, democracy, equality, the rule of law, and respect for human rights (including minority rights) are present and operative in Latin American legal frameworks. Based on the jurisprudence of the Inter-American Court of Human Rights and the normative force of the American Convention on Human Rights, it is argued that these values are not only mirrored but reinterpreted in light of the specificities of the region and the historical experience of Latin America. The study demonstrates that the region has developed a multilevel protection system that affirms common constitutional values not through legal transplantation, but through dialogic processes of mutual reinforcement and normative circulation. In conclusion, it is argued that the convergence between the European and Inter-American systems reveals the formation of a transconstitutional legal heritage based on pluralism and the global affirmation of civilisational standards of justice, democracy and human dignity.

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Common Fundamental Values in the EU and Latin America: A Dialogue Through the Inter-American System

  • Marcelo Labanca Corrêa de Araújo

摘要

This chapter analyses the convergence between the founding values of the European Union, as set out in Article 2 of the Treaty on European Union (TEU), and the normative structure of the inter-American system for the protection of human rights. It examines whether values such as human dignity, freedom, democracy, equality, the rule of law, and respect for human rights (including minority rights) are present and operative in Latin American legal frameworks. Based on the jurisprudence of the Inter-American Court of Human Rights and the normative force of the American Convention on Human Rights, it is argued that these values are not only mirrored but reinterpreted in light of the specificities of the region and the historical experience of Latin America. The study demonstrates that the region has developed a multilevel protection system that affirms common constitutional values not through legal transplantation, but through dialogic processes of mutual reinforcement and normative circulation. In conclusion, it is argued that the convergence between the European and Inter-American systems reveals the formation of a transconstitutional legal heritage based on pluralism and the global affirmation of civilisational standards of justice, democracy and human dignity.