This Article consists of four parts. The first, which is more general, addresses the question to what extent the system of governance adopted by the countries of the two regions affected the record of the states' protection of human rights. For instance, this Article considers whether democratization of the political system necessarily results in better protection of human rights. The second part analyzes the placement of human rights in the framework of the Latin American and post-Soviet constitutions. The third part identifies and discusses the problem of individual and group rights, an issue crucial for both regions. The fourth part provides a comparative analysis of the main categories of constitutionalized rights and freedoms. Although this part examines the general approach of the constitutional drafters to social, economic, and cultural rights, it focuses on so-called first category rights, such as personal freedoms and civil and political rights, as well as on enforcement mechanisms. The conclusion will supply observations on the most important lessons that constitutional drafters can learn from the experiences of others.
Rett R. Ludwikowski, Constitutionalization of Human Rights in Post-Soviet States and Latin America: A Comparative Analysis, 33 GA. J. INT’L & COMP. L. 1 (2004).