Linguicism and its manifestations in Latin American states: an overview of the case-law of the Inter-American Court of Human Rights

2020 ◽  
Vol 10 (3) ◽  
pp. 67-79
Author(s):  
Mikhail Peterburgsky
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Case Law ◽  
American States

Judicial Interactions and Human Rights Contestations in Latin America

2021 ◽  
Author(s):  
Jorge Contesse
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Case Law ◽  
The Past ◽  
National Courts ◽  
American States ◽  
History Of ◽  
Potential Mode ◽  
International Adjudication

Abstract The Inter-American Court of Human Rights is one of the world's most active human rights tribunals. Through an impressive history of case law, the Court has exerted significant influence upon Latin American states. In recent years, however, states and domestic national courts have challenged the Inter-American Court's authority in more complex and potentially more damaging ways than in the past. By exploring how the Inter-American Court of Human Rights has expanded its reach upon states, and how states engage in turn, the Article examines ways of interaction that can enhance or debilitate the Court's authority and influence on states. The Article explores recent dissents as a potential mode of resistance, especially when coupled with states' unease towards international adjudication and suggests ways in which the Court may respond to such challenges in order to protect and enhance its authority.

scholarly journals Implementation of the recommendations of the Inter- American Commission on Human Rights in the Brazilian constitutionalism: proposals and perspectives

2021 ◽  
Vol 7 (1) ◽  
pp. 96-119
Author(s):  
Melina Girardi Fachin ◽  
Flávia Piovesan
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Retrospective Analysis ◽  
Latin American ◽  
International System ◽  
Case Law ◽  
American System ◽  
Methodological Research ◽  
Transformative Potential

Based on the study of some Brazilian cases submitted to the Inter-American Commission on Human Rights, this article aims to identify proposals to overcome common Latin- American challenges in the implementation of international recommendations. In the first part, in a retrospective analysis, several emblematic Brazilian cases and their domestic impacts and changes are addressed. In a second part, with a prospective view guided by the domestic contributions to which the Inter-American System is oriented, highlights the current system’s challenges. At this stage, proposals to overcome challenges are outlined, especially regarding the obstacles to implement the Commission’s recommendations, where the main results of the article arise. The reason for this study stands on the conviction that the compliance with international recommendations is the element that guarantees the exercise of the transformative potential of Human-Rights Systems. With the methodological research based on a bibliographical research and case law, the role of the Inter-American Commission is redesigned in the light of a dialogical triad composed by the organs of the International System, the States constitutionalism and organised civil society.

scholarly journals Conservative Governments and Latin America's Human Rights Landscape

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 375-379 ◽  
Author(s):  
Jorge Contesse
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Case Law ◽  
Right Wing ◽  
Left Wing ◽  
Long Run ◽  
Protection Of Human Rights ◽  
Almost All ◽  
Latin American Countries

In 2009, as the American Convention on Human Rights turned forty, Left-wing governments ruled in almost all Latin American countries. The democratization wave that began in the late 1980s had produced a seemingly hegemonic turn to the Left—the so-called “Pink Tide.” A decade later, the political landscape was radically different. With only a few exceptions, Right-wing governments are in power throughout Latin America. The implications of the conservative wave have been felt in a number of areas—including human rights. This essay explores the ways in which the new conservative governments of Latin American have tried to curb the inter-American human rights system and examines the potential long-term consequences that their efforts may have on the regional system and the protection of human rights. It then suggests possible avenues for sound engagement between states and the system, observing that the Inter-American Court's expansive case law may cause more harm in the long run.

scholarly journals Costa Rica's Oversized Role in Latin American Sexual and Reproductive Rights Lawfare

2021 ◽  
Vol 17 (3) ◽  
Author(s):  
Lynn M. Morgan
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Reproductive Rights ◽  
Costa Rican ◽  
Human Rights Law ◽  
Vitro Fertilization ◽  
American States ◽  
Reproductive And Sexual Rights ◽  
Sexual And Reproductive Rights

Abstract Costa Rica's reputation as a stable democracy and champion of inter-American human rights law makes it both beacon and bellwether for sexual and reproductive rights in the American continent. The Costa Rican government brought cases involving in vitro fertilization and same-sex marriage to the Inter-American Court of Human Rights, which issued historic decisions expanding reproductive and sexual rights across Latin America. In response, a transnational coalition of self-proclaimed pro-life and pro-family organizations has targeted the Organization of American States and its system of inter-American human rights law, calling on the OAS to respect national sovereignty concerning life and family matters. This chapter traces Costa Rica's key role in Latin American sexual and reproductive rights lawfare as well as the resulting backlash.

Terror and Guerrilla Warfare in Latin America, 1956–1970

1990 ◽  
Vol 32 (2) ◽  
pp. 201-237 ◽  
Author(s):  
Timothy P. Wickham-Crowley
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Civil Wars ◽  
Latin American ◽  
Guerrilla Warfare ◽  
Organization Of American States ◽  
Amnesty International ◽  
Human Rights Organizations ◽  
American States ◽  
At Home

Most of the extraordinary waves of terror which have swept many Latin American societies since 1970 have occurred in guerrilla-based insurgencies or even civil wars. Because of the massive body counts produced during these confrontations between revolutionaries and counterrevolutionaries based in or linked with a government, human rights organizations have issued a long series of reports about terror—especially that which has been carried out by incumbent regimes and death squads—and which has been supplemented by the exposés of the guerrillas themselves. Amnesty International, the Human Rights group in the Organization of American States (OAS), and Americas Watch have been the major international actors documenting the wave of terror. Many independent national groups, such as El Salvador's “Socorro Juridico” and other human rights organizations linked with church bodies have undertaken that more perilous task at home.

Reflections on international humanitarian law and transitional justice: lessons to be learnt from the Latin American experience

2006 ◽  
Vol 88 (862) ◽  
pp. 327-353 ◽  
Author(s):  
Elizabeth Salmón G.
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Transitional Justice ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
American Experience ◽  
Post Conflict ◽  
American States ◽  
Justice Process

Compliance with or violations of international humanitarian law during an armed conflict undoubtedly influence the conduct of the judiciary, the situations of the victims and the correlation of forces in the post-conflict society. This article seeks to determine the influence of international humanitarian law on the transitional justice process. The author examines the specific experience of certain Latin American states that have been deeply affected by serious violations of human rights and international humanitarian law.

scholarly journals The Inter-American Human Rights System: An Effective Institution for Regional Rights Protection?

2017 ◽  
Author(s):  
Lea Shaver
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Western Hemisphere ◽  
Rights Protection ◽  
American States ◽  
Anglo American

The Inter-American Court of Human Rights and the Inter-American Commission on Human Rights are charged with protecting human rights in the Western Hemisphere. This Article explains the workings of this regional human rights system, examining its history, composition, functions, jurisdiction, procedure, jurisprudence, and enforcement. The Article also evaluates the system's historical and current effectiveness. Particular attention is given to the disconnect between the system's success with the region's Latin-American nations and its rejection by Anglo-American States, as well as to the potential to use the system to improve human rights in Cuba.

scholarly journals The Shared Goals but Distinct Roles of Criminal and Human Rights Courts

2017 ◽  
Vol 111 ◽  
pp. 108-111
Author(s):  
Alexandra Huneeus
Keyword(s):  
Human Rights ◽  
Latin American ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
American States ◽  
Two Systems ◽  
Shared Goals

Most Latin American states have submitted to the jurisdiction of both the International Criminal Court and the Inter-American human rights system, including the Inter-American Court and Inter-American Commission on Human Rights. This allows us to observe and compare the different ways in which a well-institutionalized regional human rights system and an international criminal system work—through different treaties, different interlocutors, and different working methods—toward the same goals. In particular, Colombia and Mexico, both states that are experiencing high levels of violence, allow us to observe the two systems in play at once.

Domestic Application of International Law in Latin America

2019 ◽  
pp. 564-581
Author(s):  
René Urueña
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Law ◽  
Latin American ◽  
Foreign Relations ◽  
Case Law ◽  
Foreign Affairs ◽  
International Human Rights Law ◽  
Domestic Courts ◽  
Deep Integration

This chapter explores the deep interaction of Latin American constitutions with international law, and international human rights law in particular, as a contribution to the emerging field of “comparative foreign affairs law.” The chapter begins by describing how open constitutional clauses and the case law of domestic courts facilitate such a deep integration of domestic and international law in the region. It then explores the international factors that explain the interaction, focusing on the doctrine of “control of conventionality,” developed by the case law of the Inter-American Court of Human Rights. The tide in the region, though, might be changing, and the chapter describes some of the incipient resistance that the deep integration of international law in domestic systems seems to be inspiring. The chapter concludes by considering the potential, and limits, of a “foreign relations law” field from the perspective of Latin America.

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