Freedom of conscience and religion under the inter-American system of human rights

In this study, the author addresses the problem of protecting freedom of conscience and religion within the framework of regional international organizations. High standards of supranational legal regulation of human rights do not always correspond to national norms. This leads to conflicts that must be resolved, and the legislation of the countries brought into line with international requirements by virtue of the principle of pacta sunt servanda. In contrast to the highly studied practice of the European Court of Human Rights, the experience of inter-American institutions is rarely the subject of research in Russia although it can be taken into account by the Russian Federation in the implementation of its international policy. The issue under consideration is extremely relevant in this period when the institutions of the Commonwealth of Independent States and, in particular, the Commission on Human Rights are being revived. The aim of the study is to analyze the case law of inter- American institutions and to identify mechanisms for the enforcement of decisions that can be used in the creation and reorganization of already existing international human rights organizations. The study is based on the law enforcement acts of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights adopted from its inception in 1979 to the present day. The national legislation of such countries as Colombia, Bolivia, Chile, etc. and international legal acts were also used. The theoretical basis of the study was works of Russian (Gashin, A.A.; Lapteva, I.V.; Savinkova, Yu. A.; Lipkina, N.N.; Sultanov, A. R.; and others) and foreign authors (Szklanna, A.; Posner, E.A.; Yoo, J.C.; and others). In the first part of the work, the author refers to the legal instruments used to expand and ensure the observance of human rights in the member states of the Organization of American States. The features of individual stages of consideration of petitions submitted by applicants are revealed. The second part deals with individual cases directly related to ensuring freedom of religion and the impact that the relevant decisions had on the national legal system of individual countries in the region. As a result, the author identifies a number of objective and subjective factors that influence the nature of the execution of decisions of inter-American institutions. She also determines that the interaction between inter-American institutions for the protection of human rights and states, and the use of various conciliation mechanisms can increase the effectiveness of the execution of decisions made. The dialogue should consist in the correct interpretation by the Inter-American Commission on Human Rights and the Inter- American Court of Human Rights of the provisions of supranational acts, and in an accessible explanation for the states of the content of their decisions, taking into account national characteristics and the specifics of legal systems.