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Keywords = inter-American human rights system

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16 pages, 252 KiB  
Article
Inter-American Human Rights System and Social Change in Latin America
by Martha Gutiérrez
Laws 2025, 14(2), 14; https://doi.org/10.3390/laws14020014 - 11 Mar 2025
Viewed by 1522
Abstract
The role of human rights is increasingly subject to scrutiny and debate. However, historically, human rights functioned as powerful tools for social change. In this context, this paper explores the origin, evolution and impact of the Inter-American Human Rights System, analysing its impact [...] Read more.
The role of human rights is increasingly subject to scrutiny and debate. However, historically, human rights functioned as powerful tools for social change. In this context, this paper explores the origin, evolution and impact of the Inter-American Human Rights System, analysing its impact from three perspectives. First, it reviews empirical studies that advocate distinguishing between compliance with the system’s orders and their broader impact. Case examples are presented to demonstrate how compliance with general orders, such as guarantees of non-repetition, can influence human rights practices across the region, even when compliance is only partial. The analysis highlights that impact extends beyond formal compliance, encompassing the strategies of human rights organisations, interactions between national and international spheres, and progress in the recognition and justiciability of rights, along with measures aimed at benefiting specific groups. Finally, the relationship between the region’s democratic development and the system’s relevance is explored, highlighting its remarkable adaptability to emerging realities and societal demands despite persistent challenges. In the face of prevailing scepticism, the system continues to function as a vital mechanism for promoting social transformation across Latin America. Full article
(This article belongs to the Special Issue Rethinking Human Rights)
19 pages, 285 KiB  
Article
Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas
by Alejandro Fuentes and Marina Vannelli
Laws 2021, 10(4), 84; https://doi.org/10.3390/laws10040084 - 9 Nov 2021
Cited by 3 | Viewed by 4440
Abstract
The Inter-American Court of Human Rights (IACrtHR) has developed in recent years an innovative jurisprudence that has integrated the entity and extension of States’ obligations regarding children’s rights—as established in Article 19 ACHR—through the evolutive, dynamic, and effective interpretation of the American Convention [...] Read more.
The Inter-American Court of Human Rights (IACrtHR) has developed in recent years an innovative jurisprudence that has integrated the entity and extension of States’ obligations regarding children’s rights—as established in Article 19 ACHR—through the evolutive, dynamic, and effective interpretation of the American Convention on Human Rights (ACHR). In fact, by acknowledging the existence of an international corpus juris for the protection of children’s rights, the Court has examined this provision in the light of instruments enshrined within the corpus juris, such as the UN Convention on the Rights of the Child. This process of normative integration was not only limited to the application of international instruments adopted outside of the Inter-American system, but also includes internal references to interconnected rights recognised within the American Convention. Consequently, by analysing the scope of Article 19 ACHR in the light of Article 4 ACHR (right to life) and the corpus juris for the protection of children, the Inter-American Court has further expanded the protection of children’s rights towards the protection of the right to a dignified life. While focusing on the landmark jurisprudence developed by IACrtHR, this paper seeks to unveil the hermeneutical paths undertaken by the regional tribunal in connection with the systemic integration of Article 19 ACHR. In particular, it focuses on the emerging jurisprudential development of positive obligations upon States Members regarding the effective protection of children’s right to a dignified existence. Full article
(This article belongs to the Special Issue Migrants and Human Rights Protections)
23 pages, 327 KiB  
Article
Justice for All in the Americas? A Quantitative Analysis of Admissibility Decisions in the Inter-American Human Rights System
by Simon Zschirnt
Laws 2021, 10(3), 56; https://doi.org/10.3390/laws10030056 - 4 Jul 2021
Cited by 2 | Viewed by 5067
Abstract
The overwhelming majority of unsuccessful petitions in the Organization of American States’ Inter-American human rights system are unsuccessful because they are dismissed at the pre-admissibility or admissibility phase rather than at the merits phase. Although this preliminary screening of applications constitutes the major [...] Read more.
The overwhelming majority of unsuccessful petitions in the Organization of American States’ Inter-American human rights system are unsuccessful because they are dismissed at the pre-admissibility or admissibility phase rather than at the merits phase. Although this preliminary screening of applications constitutes the major obstacle to petitioners seeking justice, there has been relatively little scholarly analysis of the potential interplay of legal and attitudinal factors at this phase. That is, whether this phase may be where the biases that the system has been accused of (i.e., bias against leftist regimes and a “hierarchization” of negative rights and liberties over social justice) manifest themselves. This article fills this gap in the literature by undertaking a comprehensive quantitative analysis of Inter-American Commission on Human Rights admissibility decisions that measures the impact of a broad range of factors and compares the dynamics of admissibility decisions with those of merits decisions. In so doing, it places into context backlash against the system that has led to recent changes in the system’s procedures. Full article
23 pages, 296 KiB  
Article
Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas
by Alejandro Fuentes and Marina Vannelli
Laws 2019, 8(4), 31; https://doi.org/10.3390/laws8040031 - 22 Nov 2019
Cited by 4 | Viewed by 5086
Abstract
This paper proposes a critical analysis of the innovative jurisprudential approaches taken by the Inter-American Court of Human Rights in integrating the content and scope of protection of the human rights of children, in the context of migration processes. How might one provide [...] Read more.
This paper proposes a critical analysis of the innovative jurisprudential approaches taken by the Inter-American Court of Human Rights in integrating the content and scope of protection of the human rights of children, in the context of migration processes. How might one provide an effective protection to unaccompanied children that enter irregularly into the territory of a given country, when the safeguards guaranteed at the national level are elusive or inefficient? By focusing on the pioneering jurisprudence developed by the Inter-American Court of Human Rights in recent years, this paper intends to unveil how a systemic integration of children’s rights, under the light of the current international law developments, could provide an effective protection for the rights of children in the context of migration processes. In fact, as a result of an evolutive, dynamic and effective interpretation, the regional tribunal has expanded the scope of protection of the American Convention on Human Rights, by taking into consideration and making known, references to instruments and provisions enshrined within the corpus juris of international human rights law, such as the UN Convention of the Rights of the Child, and—consequently—improving the level of protection of millions of children in the Americas. Full article
(This article belongs to the Special Issue Migrants and Human Rights Protections)
14 pages, 232 KiB  
Article
Living on the Global Peripheries of Law: Disability Human Rights Law in Principle and in Practice in the Global South
by Vera Chouinard
Laws 2018, 7(1), 8; https://doi.org/10.3390/laws7010008 - 20 Feb 2018
Cited by 1 | Viewed by 5368
Abstract
This article develops the notion that poorer nations of the Global South are particularly disadvantaged in terms of realizing disabled people's human rights in practice. This is because they are situated in what is termed the global peripheries of law. These are peripheries [...] Read more.
This article develops the notion that poorer nations of the Global South are particularly disadvantaged in terms of realizing disabled people's human rights in practice. This is because they are situated in what is termed the global peripheries of law. These are peripheries in which very limited human and financial resources are available to practically realize disability human rights (reflecting processes such as the outmigration of trained professionals, devaluation of currency as a condition of debt repayment, and dependence on agricultural exports and imports of expensive manufactured goods, including medicine, from the Global North). Being on the global peripheries of law also reflects legacies of colonial and neo-colonial violence and oppression in an unequal global capitalist order, such as ongoing and widespread violence against women and unsafe working conditions—both of which result in death and the geographically uneven production of impairment. This uneven production of impairment also needs to be considered as an important part of understanding disability human rights law in a global context. Following a brief overview of the U.N. convention on the human rights of disabled people and the U.N. Covenant on Economic, Social and Cultural Rights to provide a global legal context and of the Inter-American Human Rights System to provide a regional legal context, the article illustrates why it is so difficult to realize disabled people's human rights in practice in the Global South, through a case study of Guyana. Full article
(This article belongs to the Collection Disability Human Rights Law)
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