DEFINING TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT IN THE INTER-AMERICAN COURT OF HUMAN RIGHTS: THE MITIGATION OF RECOGNITION OF THE VIOLENT DYNAMICS IN REGIONAL PENAL INSTITUTIONS

Abstract

This paper aims to highlight the development of the concepts of Torture and Cruel, Inhuman or
Degrading Treatment in the Inter-American Court of Human Rights, with the purpose of outlining a
decolonial analysis on the limits and boundaries of the regional Court regarding to the recognition of
the structure of penal instituions in Latin American themselves as a practice of torture.
Comprehending the indispensability of refocusing and deepening the jurisprudential analysis of the
Inter-American Court from southern perspectives, throught this writing a dialogue with decolonial
theorists are presented and reflections on the contemporary structuring of international human rights
law are shared.