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.
Table of Contents
Introduction Armin von Bogdandy, Fl?via Piovesan, Eduardo Ferrer Mac Gregor, Mariela Morales Antoniazzi PART I I.1 Inducing Compliance as a Transformative Process: The Bright Side of a Dismal Record Armin von Bogdandy, Ren? Urue?a 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 System of Human Rights: Sociopolitical, Institutional, and Cultural Dimensions of its Transformative Impact Mariela Morales Antoniazzi, Fl?via Piovesan, Julia 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 and the Basic Elements of the Judicial Function Miriam Lorena Henr'iquez Vi~nas and Jos'e Ignacio N'u~nez Leiva I.7 Effectiveness of International Courts: From Compliance to Transformative Impact Gabriela 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 Oca~na and An'ibal P'erez-Li~n'an I.10 Constructing the Narrative of Human Rights Impact in Latin America Ren'e Urue~na and Stephania Yate Cortes PART II 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 Jimenez Guanipa and Maria 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 System of Human Rights and its Impact on the Human Rights of Women: The Issue of Sexual Violence Julissa Mantilla II.5 The Transformative Impact of the Artavia Murillo Case on In Vitro Fertilization Silvia Serrano II.6 The impact beyond compliance of the Case of Azul Rojas Marin: Reflections around Strategic Litigation and the Inter-American System of Human Rights Chris Esdaile, Clara Sandoval, Alejandra Vicente, Renata Politi, and Nataly Sanchez II.7 The Rights of the Child Corpus Juris in the IACtHR: A Latin American Translation Mary Beloff II.8 The Riffo-Salinas Case: Human Rights of Older Persons Consolidated in the Interamerican System A'ida D'iaz-Tendero II.9 The Standards of the Inter-American Human Rights System Regarding Migration and its Impact on the Region's States Elizabeth Salmon and C'ecile 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 Mej?a and Others v. Honduras Melina 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 System of Human Rights 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 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 III.1 Proposals for the Improvement of the Work of the Inter-American Commission on Human Rights Joel Hernandez Garc'ia III.2 A Broader Look at the Transformative Impact of the Inter-American Court of Human Rights' Decisions Pablo Saavedra III.3 Addressing Conceptual Challenges: Compliance and Impact An'ibal P'erez-Li~n'an, 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 Ren'e Urue~na 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 (IASHR) 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, Fl'avia Piovesan, Eduardo Ferrer Mac Gregor, and Mariela Morales Antoniazzi
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