Human rights and state-formation in Latin America: Dilemmas in consolidating democracy and the rule of law

As discursive, social and legal practices, human rights do play a role in current processes of state formation in Latin America. Human rights relate to all aspects of state formation: institutional development, interest mediation, and legitimacy. The aim of this project is to explore the relation(s) between human rights and ongoing processes of state-formation in Latin America by focusing on current dilemmas or points of tension that arise in the consolidation of democracy and the rule of law. How do huma n rights articulate, contribute or hinder processes of state-formation? While the use of rights as instruments for social struggle and contestation is a feature of dynamic democracies, we must be aware of the diversity of agendas legitimised by the same rights. Some agendas might advance liberal values stressing individual freedom; others emphasize collective rights focusing on cultural continuity; and yet others apply HRs and rule of law arguments to limit basic individual rights on grounds of 'nationa l security', 'development', 'national interest' and more. We want to identify and analyse those situations where HRs are endorsed and used in different, often opposite ways to address the same issue from different perspectives and by different social acto rs, including state institutions. Our argument is that by engaging human rights, social actors at various levels take part in an ongoing process of state-making, also in arenas not previously perceived as part of state intervention and reach.