Indefinite presidential reelection in a constitutional and international comparative perspective

reflections from the perspective of inter-american human rights law


  • Cristian Altavilla
  • Victorino Solá
  • Christian G. Sommer


Re-election; Human Rights; Comparative Constitutional law.


The rights of participation in the political management of a State, and particularly in the positions of heads of State, have historically contributed to the development of regional constitutional norms to limit or make more flexible the possibility of reelection. In this context, recent events of some Presidents, justifying that they had a human right to be reelected indefinitely by the people, motivated these reflections from a conventional perspective in the Inter-American human rights system with a comparative perspective in the constitutions of the region. The aim of this paper is to analyze the normative and jurisprudential changes produced in the last decades in relation to the presidential re-election in the countries of the continent and its adaptation to the standards of human rights, on the one hand, and of the democratic regime, on the other. The paper concludes from the evolution of the rulings and advisory opinions of the Inter-American Court of Human Rights that there is currently no consolidated human right of the individual to remain indefinitely in political position.