Full Description
The Inter-American System of Human Rights (IASHR) is certainly a source of innovation in human rights law and policy. However, uncertainty reigns over its true legal, political, and social effects as many decisions face serious problems of compliance. To better grasp the System's effects, this book broadens the focus from compliance to impact as the key criterion of effectiveness. Thus, The Impact of the Inter-American Human Rights System: Transformations on the Ground can reveal the IASHR's deep and multifaceted effects, not least by embedding a common law of human rights.
Outlining the IASHR's historic path and contemporary practice, this book shows legal, political, and social effects with respect to the main problems that trouble the Americas. Though most of these certainly continue to exist, the System is having a transformative impact on them on the ground, though with huge differences between issues and countries. These achievements as well as the variations should be of interest to academics, judges, and policymakers in Latin America as well as other regions undergoing similar stress, such as Central and Eastern Europe or Africa.
The Impact of the Inter-American Human Rights System brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic and critical analysis of the impact of the IASHR in the various fields of its activity. These include issues of internal conflicts, transition to democracy, rights of vulnerable groups, social rights, the environment, digital rights, and the accountability of private actors. The book also offers evidence-based proposals to further enhance the transformative impact of the Inter-American System that could be taken up by courts and policymakers at the national, Inter-American, and global levels.
This is an open-access title available under the terms of a CC BY-NC-ND 4.0 International license.
Contents
List of Contributors
Introduction Armin von Bogdandy, Flávia Piovesan, Eduardo Ferrer Mac- Gregor, and Mariela Morales Antoniazzi
PART I FRAMING THE IMPACT OF THE INTER- AMERICAN SYSTEM
I.1 Inducing Compliance as a Transformative Process: The Bright Side of a Dismal Record Armin von Bogdandy and René Urueña
I.2 Protecting Human Rights in the Americas: The Continuous Role of the Inter- American Commission on Human Rights Claudio Grossman
I.3 Inter- American Human Rights System: Sociopolitical, Institutional, and Cultural Dimensions of Its Transformative Impact Mariela Morales Antoniazzi, Flávia Piovesan, and Júlia Cortez da Cunha Cruz
I.4 Current Issues and Common Challenges for the Protection of Human Rights in Europe, the Americas, and Africa Rainer Grote
I.5 The Impact of the Inter- American Human Rights System beyond Latin America Par Engstrom
I.6 Conventionality Control: An Expression of the Basic Elements of the Judicial Function Miriam Lorena Henríquez Viñas and José Ignacio Núñez Leiva
I.7 Effectiveness of International Courts: From Compliance to Transformative Impact Gabriela C.B. Navarro
I.8 The Use of Transformative Provisional Measures by the Inter- American Court of Human Rights: Toward a Tangible Impact Clara Burbano- Herrera and Yves Haeck
I.9 Transformative Impact: A Framework for Analysis Mayra Ortiz Ocaña and Aníbal Pérez- Liñán
I.10 Creating the Narrative of Human Rights Impact in Latin America René Urueña and Stephania Yate Cortes
PART II IMPACT AND INTER- AMERICAN STANDARDS
II.1 Impact of the Inter- American Jurisprudence on Economic, Social, Cultural, and Environmental Rights Eduardo Ferrer Mac- Gregor
II.2 The Inter- American Human Rights System's Impact on the Protection of the Right to a Healthy Environment Henry Jiménez Guanipa and María Barraco
II.3 Indigenous Rights in the Inter- American System: The Application of Precautionary Measures from a Culturally Appropriate Perspective Antonia Urrejola and Elsy Curihuinca Neira
II.4 The Inter- American Human Rights System and Its Impact on the Human Rights of Women: The Issue of Sexual Violence Julissa Mantilla Falcón
II.5 The Transformative Impact of the Artavia Murillo Case on In Vitro Fertilization Silvia Serrano Guzmán
II.6 The Impact beyond Compliance of the Case of Azul Rojas Marin: Reflections around Strategic Litigation and the Inter- American Human Rights System Chris Esdaile, Clara Sandoval, Alejandra Vicente, with Renata Politi and Nataly Sanchez
II.7 The Rights of the Child According to the Inter-American Court of Human Rights: A Latin American Translation Mary Beloff
II.8 The Riffo- Salinas Case: Human Rights of Older Persons Consolidated in the Inter- American System Aída Díaz- Tendero
II.9 The Standards of the Inter- American Human Rights System regarding Migration and Its Impact on the Region's States Elizabeth Salmón and Cécile Blouin
II.10 The Human Right to Defend Human Rights in the Inter- American System: Normative Enforcement and Transformative Impact of the Case of Escaleras Mejía and Others v. Honduras Melina Girardi Fachin
II.11 The Inter- American Human Rights System's/ ICCAL's Impact on Transitions to Democracy from the Perspective of Transitional Justice Christina Binder
II.12 Impact of the Inter- American Human Rights System in the Struggle against Impunity Oscar Parra Vera
II.13 The Independence of Justice as a Human Right and an International Obligation in Inter- American Jurisprudence Carlos Ayala Corao
II.14 Freedom of Expression: Inter- American Standards and Their Transformative Impact Catalina Botero- Marino
II.15 Impact of the IAHRS Principles on Freedom of Expression and the Need for Their Expansion in the Digital Age: Challenges to the IAHRS Principles on Freedom of Expression in the Digital Age Edison Lanza
PART III OPTIMIZING THE IMPACT OF THE INTER- AMERICAN SYSTEM
III.1 Proposals for the Improvement of the Work of the Inter- American Commission on Human Rights Joel Hernandez García
III.2 A Broader Look at the Transformative Impact of the Inter- American Court of Human Rights' Decisions Pablo Saavedra Alessandri
III.3 Addressing Conceptual Challenges: Compliance and Impact Aníbal Pérez- Liñán, Kelly Morrison, and Luis L. Schenoni
III.4 Transformative Impact of the Inter- American Human Rights System: A Methodology to Think beyond Compliance Viviana Krsticevic and René Urueña
III.5 Strategies of the Due Process of Law Foundation for the Promotion of New Standards and Expansion of the Impact of the Inter- American Human Rights System Katya Salazar and Daniel Cerqueira
III.6 Activism Strategies Involving the Inter- American System: Reflections for the Field of Action and Perspectives from National Human Rights Organizations Gabriela Kletzel
Conclusion Armin von Bogdandy, Flávia Piovesan, Eduardo Ferrer Mac-Gregor, and Mariela Morales Antoniazzi
Index
