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- Preliminary Material
- Main Text
- 1 Introduction—Doctrine, Practice, and Advocacy in the Inter-American Human Rights System
- A Balance of Jurisprudence and Practical Analysis
- Organization of the Book
- Part I: Introduction, Evolution and Operation of the Inter-American System
- Part II: The Doctrine and Practice of the Inter-American System
- Part III: Beyond Judgment—Reparations, Compliance, and the Future of the Inter-American System
- Concluding Notes
- Part One Introduction, Evolution, and Operation of the Inter-American System
- Preliminary Material
- 2 Evolution of the System: The Inter-American Commission and Court
- 1 Introduction
- 2 Human Rights and the Organization of American States
- 3 The Creation of an Inter-American Normative Framework for the Protection of Human Rights in the Americas
- 4 The Structure and Evolution of the Commission and Court
- 4.1 Introduction
- 4.2 The First Years of Operation of the Inter-American Commission on Human Rights: In Loco Visits and Country Reports
- 4.3 The First Years of Operation of the Inter-American Commission on Human Rights: Political Context and Tactical Choices
- 4.4 Commissioners’ Independence and Impartiality
- 4.5 Functions of the Commission
- 4.6 The Commission’s Country Reports in Historical Context
- 4.7 The Composition and Functions of the Inter-American Court of Human Rights
- 4.8 The Early Years of the Inter-American Court of Human Rights
- 5 Overview of the Case System
- 6 The System’s Relations with the OAS Political Bodies and Member States
- 3 Petitioning the Inter-American System: Admissibility Requirements for Contentious Cases
- 1 Introduction
- 2 Preliminary Objections: An Initial Overview
- 3 Jurisdictional Requirements
- 3.1 Jurisdiction Ratione Personae
- 3.1.1 Jurisdiction Ratione Personae in Inter-State Complaints
- 3.1.2 Standing to File a Petition
- 3.1.3 Standing to Submit a Case to the Court
- 3.1.4 Standing to File a Petition versus Identity of the Victims: Two Aspects of Active Competence
- 3.1.5 Jurisdiction Ratione Personae Regarding Legal Entities: Can Corporations Submit a Complaint to the Inter-American Commission?
- 3.2 Jurisdiction Ratione Materiae
- 3.3 Jurisdiction Ratione Temporis
- 3.4 Jurisdiction Ratione Loci
- 3.1 Jurisdiction Ratione Personae
- 4 Admissibility Requirements
- 4 Jurisdiction beyond Contentious Cases: What Else Can the System Do?
- 1 Introduction
- 2 Responding to Imminent Threats against Human Rights: Precautionary and Provisional Measures
- 3 Current Nonjudicial Activities of the Inter-American Commission
- 3.1 On-site Visits and Country Reports
- 3.2 Chapter IV of the Inter-American Commission Annual Report
- 3.3 Rapporteurships and Thematic Reports
- 3.4 Technical Cooperation Provided by the Commission to OAS Member States
- 3.5 CASE STUDY. Ayotzinapa: Civil Society Uses the Inter-American System to Push for Reform, Oversight, and Information
- 4 Advisory Jurisdiction and Opinions
- Concluding Questions
- Part Two The Doctrine and Practice of the Inter-American System
- Preliminary Material
- 5 Mass Atrocity, Contemporary Responses, and Transitional Justice
- A Historical Context
- B The Development of a Jurisprudence for Accountability and Victims’ Rights
- 4 Demanding Accountability for Crimes of the Dirty War
- 5 Truth but Not Justice? The Problem of the Amnesty Laws
- 5.1 Civil Society Challenges Amnesties: The Argentinean Process before the Inter-American System
- 5.2 The Commission and Uruguay’s Amnesty Law
- 5.3 The “Scilingo” Effect
- 5.4 The Inter-American Court Declares That Amnesty Laws for Grave Human Rights Violations Are without Legal Effect.
- 5.5 The International Context
- 5.6 The Barrios Altos Case
- 5.7 The Impact of Barrios Altos: Argentina
- 6 Crimes against Humanity and the Duty to Extradite
- C The System’s Impact and its Challenges in the Protection of the Rights of Victims of Mass Atrocity.
- 6 The Right to Life
- 1 Introduction
- 2 The Right to Life and State Obligations in the Inter-American System: The Velásquez-Rodríguez Case
- 2.1 Background
- 2.2 The Court’s Definition of Enforced Disappearances and the Rights It Violates
- 2.3 State Responsibility for Violations of the Right to Life even when the Responsible Party May Not Be a State Agent
- 2.4 Evidentiary Standards to Prove Human Rights Violations in the Context of State Failure to Investigate
- 3 Extrajudicial Killings by State Agents: The Court Clarifies Its Standards as States Finesse Their Defenses
- 4 Expansion of Right to Life
- 4.1 Pueblo Bello v. Colombia: Duty to Prevent Reasonably Foreseeable Harm
- 4.2 States’ Heightened Duties Regarding the Protection of Children’s Human Rights
- 4.3 Duty to Ensure Conditions for a Dignified Life
- 4.4 Ximenes Lopes v. Brazil: Duty to Oversee Health Institutions to Ensure Appropriate Treatment of Patients
- 5 The Right to Life and the Application of the Death Penalty in the Americas
- 6 Abortion in the Inter-American System
- 6.1 Baby Boy v. United States
- 6.2 Artavia Murillo v. Costa Rica
- C.2) Systematic and historical interpretation
- C.3) Evolutive interpretation
- C.4) The principle of the most favorable interpretation, and the object and purpose of the treaty
- C.5) Conclusion on the interpretation of Article 4(1)
- 7 Emergency, Armed Conflict, and Human Rights Protections in the Inter-American System
- 8 Detention and Conditions in Detention Centers
- 1 Introduction
- 2 The Initial Arrest and Detention
- 3 Pretrial Detention
- 4 Connecting the Dots: Pacheco Teruel and Tragedy in Detention Centers
- 5 Prison Conditions and Atrocities: Peering into the Abyss
- 6 Inter-American Standards on Conditions of Detention and Treatment of Prisoners: The Duty to Avoid Excessive Use of Force in Repressing Prison Riots
- 7 Detention, Mental Health, and Psychiatric Hospitals
- 8 Minimum Standards on Treatment of Prisoners: Incorporation of UN Standard Minimum Rules
- 9 Best Practices Regarding Persons Deprived of Liberty
- 10 Responding to Prison Violence: Provisional Measures for Prison Populations
- 11 Women in Detention: The System Develops a Gender Perspective
- 12 Immigration Detention
- 9 The Rights to Physical Integrity, Freedom from Torture, and Freedom from Third-Party Violence
- 1 Introduction
- 2 Normative Framework
- 3 Jurisdiction to Consider Claims of Violations of the Inter-American Convention to Prevent and Punish Torture
- 4 The Meaning of Torture and Cruel, Inhuman or Degrading Treatment or Punishment (CIDT) under the American Convention and the Inter-American Convention to Prevent and Punish Torture
- 5 Evidence Required to Prove Torture under Inter-American Jurisprudence
- 6 The Obligation to Investigate Allegations of Torture
- 7 Violations beyond the Direct Victim: Violations of the Right to Humane Treatment of Family Members of Victims of Serious Human Rights Violations
- 8 Conclusion
- 10 Women’s Rights, Gender, and Sexuality
- 1 Introduction
- 2 The Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women (the “Belém do Pará Convention”)
- 3 VAW and the Jurisprudence of the Inter-American System
- 3.1 A Brief Historical Overview of the Commission’s and the Court’s Consideration of Women’s Rights, Gender, and Sexuality
- 3.2 State-Sponsored Acts of Gendered Violence
- 3.2.1 The Court’s Initial Failures Regarding Issues of Gendered Violations: Loayza Tamayo and Caballero Delgado and Santana
- 3.2.2 Gender Enters the Picture: Plan de Sánchez Massacre and Castro-Castro v. Peru
- 3.2.3 The Commission Addresses Sexual Violence in Haiti as an Instrument of Political Violence and Terror
- 3.3 Private Acts of Gendered Violence
- 4 New Lines of Inquiry: Sexuality and Reproductive Rights
- 5 Additional Mechanisms in the Inter-American System to Address the Rights of Women and LGBTI Persons
- 11 The Rights of Children
- 1 Who Is a Child in the Inter-American System?
- 2 The Normative Framework of Children’s Rights in the Inter-American System
- 3 The Evolution of the Protection of Children’s Rights in the Inter-American System
- 4 The Best Interests of the Child and the Special Measures to Protect Children’s Rights
- 5 The Applicability of These Principles to a Concrete Situation: The Case of Violence against Children
- 6 Children and Their Right to Receive Protection from Their Family, to Have Their Family Protected and to Receive Protection for Family Life
- 7 Litigation of Children’s Rights in the Inter-American System
- 8 Children’s Rights and the Interaction with Domestic Legal Systems
- 12 Indigenous and Tribal Peoples’ Rights and the Inter-American System
- 1 Introduction
- 2 Who Are Indigenous and Tribal Peoples?
- 3 The Applicability of Human Rights Law to Indigenous Rights
- 4 The Duty to Adopt Special Measures to Protect Indigenous Peoples:
- 5 Violence against Indigenous Peoples and Its Impact on Their Rights
- 6 The Situation and Protection of Indigenous Territories
- 7 Cultural Identity of Indigenous Peoples
- 13 Freedoms of Belief, Expression, Assembly, and Association
- 1 Introduction
- 2 Freedom of Belief
- 3 Freedom of Thought and Expression (Article 13)
- 3.1 Patterns of Violation of the Right to Freedom of Thought and Expression in the Americas
- 3.2 Normative Framework
- 3.3 Mechanisms of Protection: The Office of the Special Rapporteur for Freedom of Expression
- 3.4 Protection of the Freedom of Thought and Expression in the Inter-American Human Rights System
- 4 Freedoms of Assembly and Association
- 14 Economic, Social, and Cultural Rights
- 1 Introduction
- 2 ESCR: Definitions and Instruments
- 3 Direct Litigation of ESCR
- 4 The Use of Civil and Political Rights (Indirect Approach)
- 5 Cross-Cutting Approaches to the Protection of ESCR
- 6 Considering Litigation as Only One of Several Tools to Promote ESCR
- 7 Additional Mechanisms for the Supervision of the Implementation of ESCR: The Reporting System under Article 19 of the Protocol of San Salvador
- Part Three Beyond Judgment—Reparations, Compliance, and the Future of the Inter-American System
- Preliminary Material
- 15 Reparations and Compliance
- 1 Introduction
- 2 The Inter-American Commission and Reparations
- 3 The Inter-American Court and Reparations
- 3.1 The Concepts of Victim and Injured Party
- 3.2 Forms of Reparation
- 3.3 Compliance with the Court’s Reparations Orders
- 3.3.1 Legal Foundations and Monitoring Process
- 3.3.2 Achieving Compliance
- 3.3.2.1 Compliance with Restitution Orders
- 3.3.2.2 Compliance with Compensation Orders
- 3.3.2.3 Compliance with the Order to Investigate, Prosecute, and Punish Perpetrators
- 3.3.2.4 Compliance with Rehabilitation Orders
- 3.3.2.5 Compliance with Satisfaction Orders
- 3.3.2.6 Compliance with Guarantees of Non-repetition
- 4 Conclusions
- 16 The Future of the Inter-American Human Rights System
- 1 A Framework for Thinking about the Future of the Inter-American System
- 2 The Changing Profile of the System and Thematic Challenges and New Actors
- 3 Budgetary Challenges and Lack of Universal Ratification of the Convention: Two Obstacles to the Adequate Implementation of Human Rights Protections
- 4 The Threat of Denunciation: How Hard Should the System Push for States Parties to Implement Human Rights Obligations?
- 5 A New Landscape of Regional Influence: The OAS and Competing Initiatives
- 6 Universalizing the Human Rights System, Centralizing the Interpretation of Human Rights Obligations
- 7 Concluding Considerations
- 1 Introduction—Doctrine, Practice, and Advocacy in the Inter-American Human Rights System
- Further Material
- [3.230.173.249]
- 3.230.173.249
