This thesis examines the impact of precautionary and provisional measures (the so-called “urgent measures”) issued by the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights in cases of extreme urgency on behalf of people deprived of liberty who face or are at risk of human rights violations. Urgent Measures are designed to protect individuals in urgent and critical situations from irreversible harm. Focusing specifically on detainees in Ecuador and Peru, this research is part of the broader IMPACTUM project, funded by the European Research Council.

While both Ecuador and Peru have ratified the nine core international human rights treaties, their prison systems—like many across Latin America—fail to meet minimum international human rights standards. Reports by UN Special Rapporteurs and regional human rights organizations document persistent issues such as overcrowding, violence, disease outbreaks, lack of medical care, and fatalities. Despite the existence of international legal mechanisms designed to protect detainees, these standards remain largely unmet in practice, exposing deep-rooted structural failures within the prison systems.

This dissertation explores the gap between human rights law – specifically urgent measures - as articulated on paper and its actual implementation within prison settings. It examines how international human rights decisions on urgent measures are adopted, contested, and transformed in local contexts, influenced by political, economic, and social factors. The analysis considers historical legacies, including colonialism, authoritarian regimes, neoliberal penal policies, and cultural practices, as contributing factors to ongoing human rights violations in Ecuadorian and Peruvian prisons.

A key contribution of this research is its gender perspective, investigating how gender shapes the impact of urgent measures. The study positions gender as the independent variable and the impact of the measures as the dependent variable, seeking to determine the extent to which gender influences outcomes of the measures. Based on case law analysis, the research identifies four key intervening variables that potentially shape the impact of urgent measures, each linked to the primary actors involved in their request and implementation: (1) Beneficiaries of the measures (individual detainees and their families); (2) Civil society (such as human rights organizations advocating for detainees’ rights); (3) Judges (and their role in interpreting and enforcing decisions); (4) The state (government authorities and public officials responsible for implementation)

By examining these dynamics, this thesis contributes to broader discussions on the impact of international human rights mechanisms, the limitations of legal frameworks in protecting vulnerable populations, and the structural challenges facing prison systems in Latin America. Ultimately, it seeks to bridge the divide between human rights law in theory and its enforcement in practice, offering critical insights into how international legal mechanisms – more specifically the urgent measures - operate within complex socio-political realities.