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"Inter-American Court of Human Rights."
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The Practice and Procedure of the Inter-American Court of Human Rights
A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.
eBook
The Development and Evolution of the Right to Life in the Inter-American Court of Human Rights
Aim: To examine different aspects of the evolution and development of the right to life in the Inter-American Court of Human Rights. Moreover, to analyse certain cases related to the violation of this right and its procedural and substantial aspects. Methodology: The methods chosen for this article are Documental Analysis and Case Study. To conduct the research, the methodological technique of documental investigation will be used. The objectives will be reached through the examination, reading, and critique analysis of the documents. The methodological technique selected allows through the observation and the analysis of documentation to look back, understand, and interpret the current reality. The subject of study is the Inter-American Court of Human Rights (IACHR). The main documents are going to be texts of doctrine about this tribunal and the right to life and the case-law of contentious cases of this Court. Findings: This text establishes theoretical definitions. Furthermore, tries to define the crime of enforced disappearances that have been very important for the development of the right to life in the IACHR and which is a crime against humanity. Other important characteristic of this paper is that it examines the obligation to investigate, the procedural aspect of the right to life, the interpretation of Article 4 of the American Convention of Human Rights (Right to Life) and the proportionality of the use of the force of security forces in relation with the violation of the right to life. Value: To give important concepts about the study of the right to life taking as case study the evolution and development of this right in the Inter-American Court of Human Rights.
Journal Article
Oversight Hearings, Stakeholder Engagement, and Compliance in the Inter-American Court of Human Rights
This paper introduces the concept of dialogic oversight, a process by which judicial bodies monitor compliance through a combination of mandated state reporting, third-party engagement, and supervision hearings. To assess the effectiveness of this strategy in the international arena, we evaluate the supervision hearings conducted by the Inter-American Court of Human Rights. We employ propensity-score matching, difference-in-difference estimators, and event-history models to analyze compliance with 1,878 reparation measures ordered by the Court between 1989 and 2019. We find that dialogic oversight has moderate but positive effects, increasing the probability of state compliance by about 3 percent per year (a substantial effect compared to the baseline rate of implementation). However, it requires the engagement of civil society to yield positive outcomes. Our framework connects related findings in distant literatures on constitutional law and international organizations.
Journal Article
Parting ways or lashing back? Withdrawals, backlash and the Inter-American Court of Human Rights
This paper will analyse instances and threats of withdrawal from the Inter-American Court of Human Rights (IACtHR) in order to assess whether those cases can be qualified as backlash. Backlash often serves as an umbrella term for any form of disagreement, hence we differentiate ‘backlash’ from closely connected concepts such as ‘contestation’ and ‘resistance’. In the empirical part of this paper, we examine four cases of withdrawal from the IACtHR or threats thereof, namely Trinidad and Tobago, the Dominican Republic, Peru and Venezuela. The case-studies revealed that the criticism against the IACtHR is fuelled by a combination of three conditions, namely costs of membership, the domestic political system and the domestic impact of the judgments. Ultimately, the specific framework of the IACtHR allows innovative starting points to manage state discontent, in particular the two-tiered structure, the alliance with civil society and the presence of compliance partners within the state.
Journal Article
Judging Inter-American Human Rights
The use of compliance studies to evaluate the effectiveness of international human rights courts can produce misleading results because a focus on compliance considers the behavior of only one stakeholder in the dynamic that is human rights adjudication: the state. A survey of petitioners in cases before the Inter-American Court of Human Rights (\"the Inter-American Court\"), together with a review of literature surrounding strategic litigation before the Inter-American System, demonstrate how civil society organizations value the declarative justice provided by the Court, how they mobilize around human rights litigation and how adept they are at deploying rulings in such a way as to produce impact beyond compliance and even in the absence of any compliance at all.
Journal Article
International Transformative Constitutionalism in Latin America
This Article analyzes the rise of international transformative constitutionalism in Latin America and responds to some of the challenges to its legitimacy and effectiveness. It focuses on the practice of the Inter-American Court of Human Rights (IACtHR), the decisions and procedures of which constitute a small, but vibrant and essential, part of a wider Latin American community of human rights—a diverse group of actors who confront violence, social exclusion, and weak institutions through legal means.
Journal Article
The Rule of Advice in International Human Rights Law
Advisory jurisdiction is a ubiquitous feature of international human rights adjudication. Yet the attention of legal scholars is almost entirely devoted to contentious jurisdiction. This Article aims to fill that gap in the literature. By introducing two models of advisory jurisdiction, and analyzing the example of the Inter-American Court of Human Rights—the world's most active international advice-giver—the Article shows how international human rights courts may utilize advisory proceedings to influence state conduct, in a mechanism the Article calls “ruling through advice.” The Article also shows how human rights courts may attempt to guide states and national courts by means of an “anticipatory adjudication” mechanism. Using the Inter-American Court's groundbreaking advisory opinion on same-sex marriage as a case study, the Article argues that, despite the domestic implementation of its opinion, the Court misused its advisory powers, putting the regional human rights system at risk. The insights that both the conceptual model and the case study offer contribute to a broader conversation about international courts’ advisory role.
Journal Article
Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina
On February 6, 2020, the Inter-American Court of Human Rights (Court) declared in Lhaka Honhat Association v. Argentina that Argentina violated Indigenous groups’ rights to communal property, a healthy environment, cultural identity, food, and water. For the first time in a contentious case, the Court analyzed these rights autonomously based on Article 26 of the American Convention on Human Rights (ACHR) and ordered specific restitution measures, including actions to provide access to adequate food and water, and the recovery of forest resources and Indigenous culture. The decision marks a significant milestone for protecting Indigenous peoples’ rights and expanding the autonomous rights to a healthy environment, water, and food, which are now directly justiciable under the Inter-American human rights system.
Journal Article
Abortion in International Human Rights Law: Missed Opportunities in Manuela v El Salvador
The Inter-American Court of Human Rights’ judgment in Manuela and Others v El Salvador represents a missed opportunity for advancing abortion access and sexual and reproductive health and rights in international human rights law (IHRL). Even though this case is representative of the multiple human right violations arising from El Salvador’s complete criminalisation of abortion and active prosecution of those suspected of having had the procedure, the Court shied away from engaging in a critique of El Salvador’s abortion legislation. Instead, it focused on issues relating to pre-trial detention, due process, and medical confidentiality. Despite growing consensus in IHRL that abortion must be decriminalised at a minimum in certain circumstances; indications that the inter-American human rights system subscribes to this position; and extensive evidence that El Salvador’s abortion legislation is resulting in human rights violations, the Court failed to use this judgment to articulate a clear and assertive position on the need for abortion access to realise sexual and reproductive health and rights.
Journal Article