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Part One Introduction, Evolution, and Operation of the Inter-American System, 4 Jurisdiction beyond Contentious Cases: What Else Can the System Do?

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzmán, Cecilia Naddeo

From: Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzman, Cecilia Naddeo

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 April 2021

Subject(s):
Human rights — Advisory opinions

This chapter explores the ways in which the Inter-American Commission on Human Rights and Inter-American Court of Human Rights may act to protect rights beyond contentious jurisdiction. It looks at the system’s mechanisms for ordering urgent protection for individuals and groups facing threats. It considers categories of beneficiaries, focuses on the requirements for obtaining precautionary measures from the Commission, and discusses the practical consequences of having these measures granted based on the experience of past cases. It reviews the manifold non-contentious activities to promote human rights that the Commission has developed in its more than 50 years of activity in the region. Finally, the chapter discusses the advisory jurisdiction of the Court, the purposes it serves, those empowered to request the Court’s opinion and its potential for influencing government choices.

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