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The first edition of The American Convention on Human Rights showed the hesitant steps of a court trying to find its way in a region plagued by egregious human rights violations, the absence of democracy and a significant disregard of international human rights norms. The second edition followed this up by introducing an analysis of the advancement in the reasoning of the Court regarding the violations that it had been dealing with since its inception.This, now co-authored, third edition contains an updated and in-depth analysis of the norms applied by the Inter-American Court of Human Rights to deal with the most frequent human rights violations that still occur in Latin America regarding life, humane treatment, personal liberty, due process, access to justice, the principle of legality and judicial protection. The second edition contained a chapter on disappearances, as the Court at the time had significantly developed its reasoning on the matter; this third edition shows the latest evolution on the subject, which still plagues the region. In addition, a new chapter examines discrimination, an issue that has emerged as a frequent and important concern in the Court’s work.This edition also reflects the dynamic development of the Court’s work in recent years, which has evolved to a more refined jurisprudence covering more specific aspects of the rights examined and topics not previously addressed. These include, inter alia, the justiciability of social, economic, cultural and environmental rights; the recognition of collective rights holders and State responsibility for gender-based torture committed by private actors. These advances are the result of considerable progress in the democratization and embrace of human rights in the countries under the Court’s jurisdiction.
Human rights --- Inter-American Court of Human Rights --- Convention américaine relative aux droits de l'homme --- Droits de l'homme --- Cour interaméricaine des droits de l'homme. --- American Convention on Human Rights --- Civil rights --- Convention américaine relative aux droits de l'homme --- Cour interaméricaine des droits de l'homme.
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The first edition of The American Convention on Human Rights showed the hesitant steps of a court trying to find its way in a region plagued by egregious human rights violations, the absence of democracy and a significant disregard of international human rights norms. The second edition followed this up by introducing an analysis of the advancement in the reasoning of the Court regarding the violations that it had been dealing with since its inception.
This third edition contains an updated and in-depth analysis of the norms applied by the Inter-American Court of Human Rights to deal with the most frequent human rights violations that still occur in Latin America regarding life, humane treatment, personal liberty, due process, access to justice, the principle of legality and judicial protection. The second edition contained a chapter on disappearances, as the Court at the time had significantly developed its reasoning on the matter; this third edition shows the latest evolution on the subject, which still plagues the region. In addition, a new chapter examines discrimination, an issue that has emerged as a frequent and important concern in the Court's work.
This edition also reflects the dynamic development of the Court's work in recent years, which has evolved to a more refined jurisprudence covering more specific aspects of the rights examined and topics not previously addressed.
Human rights --- Civil rights --- Inter-American Court of Human Rights. --- Corte Interamericana de Derechos Humanos --- Organization of American States. --- Corte I.D.H. --- Corte IDH --- I-A Court H.R. --- I-A Court HR --- Cour interaméricaine des droits de l'homme --- Corte Interamericana de Direitos Humanos --- American Convention on Human Rights
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This text offers a thorough, critical, and accessible analysis of the American Convention on Human Rights which is the main human rights treaty of the Americas. The authors closely review the jurisprudence and the binding judgments of the two institutions charged with interpreting the Convention: The Inter-American Court of Human Rights and The Inter-American Commission on Human Rights.
Convention américaine relative aux droits de l'homme (1969) --- Human rights --- Droits de l'homme (droit international) --- Droits de l'homme --- Droits civils et politiques --- American Convention on Human Rights --- America. --- Pact of San José, Costa Rica --- American Convention on Human Rights (1969 November 22) --- Civil rights --- Political rights --- Cour interaméricaine des droits de l'homme --- America --- Convención americana sobre derechos humanos --- Pacto de San José de Costa Rica --- Human rights - America --- Cour interaméricaine des droits de l'homme
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Jo M. Pasqualucci provides a comprehensive critique of the Inter-American Court of Human Rights, which is at once scholarly yet practical. She analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction, and provisional measures orders. When relevant, she compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the International Court of Justice, and the United Nations Human Rights Committee. She also evaluates the Rules of Procedure of the Inter-American Court and the Inter-American Commission, which entered into force in May and June of 2001 and bring about important procedural changes in the inter-relationship of those organs. In addition, she cites the effectiveness of the Convention and the Court's rulings in the domestic law of the States Parties to the Convention. This book will provide an important resource for scholars, practitioners, and students of international human rights law and practice.
International courts --- Human rights --- Rules and practice --- Inter-American Court of Human Rights --- mensenrechten --- Inter-American Court of Human Rights [San José] --- America --- International tribunals --- Tribunals, International --- Corte Interamericana de Derechos Humanos --- Organization of American States. --- Corte I.D.H. --- Corte IDH --- I-A Court H.R. --- I-A Court HR --- Cour interaméricaine des droits de l'homme --- Corte Interamericana de Direitos Humanos --- Rules and practice. --- Courts --- Jurisdiction (International law) --- International courts - Rules and practice --- Human rights - America --- Law --- General and Others
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This thoroughly revised second edition incorporates major changes made in the procedures and practice of the Inter-American Court since the book's original publication.
Law --- General and Others --- International courts --- Human rights --- Inter-American Court of Human Rights --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Corte Interamericana de Derechos Humanos --- Organization of American States. --- Corte I.D.H. --- Corte IDH --- I-A Court H.R. --- I-A Court HR --- Cour interaméricaine des droits de l'homme --- Corte Interamericana de Direitos Humanos --- International courts - Rules and practice --- Human rights - America
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Human rights --- International law --- Inter-American Court of Human Rights [San José] --- Droits de l'homme (droit international) --- Droits de l'homme --- Jurisprudence --- Cour interaméricaine des droits de l'homme --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law and legislation --- Inter-American Court of Human Rights. --- Corte Interamericana de Derechos Humanos --- Organization of American States. --- Corte I.D.H. --- Corte IDH --- I-A Court H.R. --- I-A Court HR --- Cour interaméricaine des droits de l'homme --- Corte Interamericana de Direitos Humanos --- Jurisprudence. --- Inter-American Court of Human Rights
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The American Convention on Human Rights contains an in-depth analysis of and comment on crucial rights protected under the American Convention on Human Rights in the light of the decisions of the Inter-American Court of Human Rights. It shows the initially hesitant steps of the Inter-American Court in developing its position on five basic rights in the first years of its existence (1979-2003). Violations of the core rights - namely the right to life, the right to personal freedom, the right to personal integrity, the right to due process of law and the right to a judicial remedy - formed the majority of complaints before the Court at a time when many of the contracting States had either just left, or were still immersed in, a dictatorship and were only just attempting to introduce the idea of human rights in a democratic society into their own legal systems. This fully revised and updated second edition now also covers the Inter-American Court's steps towards maturity (2004-2014). Due to the political and social changes in the region, since 2003 the Court has had to examine and consider a greater variety of rights, such as freedom of speech, structural discrimination, and the lack of proper protection for women's human rights and for people with different sexual orientations. The human rights problems of indigenous peoples have also come to the Court's attention, because the lack of judicial protection of their rights leads to State responsibility by omission. In addition, systematic and gross violations of human rights continue to be a significant part of the Court's work, but their treatment has allowed the Court to develop better and more precise and effective responses.Taking into consideration the changes that have taken place, this book has given more attention to certain topics. A chapter on disappearances is now included. Developments in the way the Court understands its own functions, such as the idea of the State agents' conventionality control, are also discussed.In addition, a new introductory chapter provides a good overview of the social and political landscape of the region and a wider analysis of discrimination and equality.The American Convention on Human Rights is a scholarly yet practical book on a relatively new system for the protection of human rights. It is a useful tool for practitioners to support their work and for academics in their teaching of the inter-American System.
Human rights --- Convention américaine relative aux droits de l'homme (1969) --- Droits de l'homme --- Cour interaméricaine des droits de l'homme --- American Convention on Human Rights --- Civil rights --- Inter-American Court of Human Rights. --- Inter-American Court of Human Rights --- American Convention on Human Rights (1969) --- America --- Convention américaine relative aux droits de l'homme --- Cour interaméricaine des droits de l'homme. --- Corte Interamericana de Derechos Humanos --- Organization of American States. --- Corte I.D.H. --- Corte IDH --- I-A Court H.R. --- I-A Court HR --- Cour interaméricaine des droits de l'homme --- Corte Interamericana de Direitos Humanos
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This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law.
Children's rights --- Child rights --- Children --- Children's human rights --- Rights of children --- Rights of the child --- Human rights --- Civil rights --- Law and legislation --- Legal status, laws, etc. --- Inter-American Court of Human Rights --- Corte Interamericana de Derechos Humanos --- Organization of American States. --- Corte I.D.H. --- Corte IDH --- I-A Court H.R. --- I-A Court HR --- Cour interaméricaine des droits de l'homme --- Corte Interamericana de Direitos Humanos --- Rules and practice. --- Family law. Inheritance law --- Inter-American Court of Human Rights [San José]
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Reparation (Criminal justice) --- War reparations --- War victims --- Legal status, laws, etc. --- Inter-American Court of Human Rights. --- American Convention on Human Rights --- Victims of war --- Victims --- Reparations --- Reparations, War --- Indemnity --- Compensation for victims of crime --- Criminal restitution --- Reparation --- Restitution (Criminal justice) --- Restitution for victims of crime --- Remedies (Law) --- Law and legislation --- Corte Interamericana de Derechos Humanos --- Organization of American States. --- Corte I.D.H. --- Corte IDH --- I-A Court H.R. --- I-A Court HR --- Cour interaméricaine des droits de l'homme --- Corte Interamericana de Direitos Humanos --- Pact of San José, Costa Rica --- Convención americana sobre derechos humanos --- Pacto de San José de Costa Rica
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"The American Convention on Human Rights, adopted within the framework of the Organization of American States, is the central and essential instrument of the inter-American human rights law as elaborated by the Inter-American Commission and Court of Human Rights. This treaty, adopted on November 22, 1969, with now 23 States Parties, contains 82 articles that set out the rights and freedoms that States undertake to respect and protect, and establishes various protection mechanisms, including an individual complaints mechanism. This book offers a critical, systematic and exegetical commentary of the 82 Articles of this Convention, reflecting on the construction, often creative and avant-garde, of the inter-American human rights bodies. Doctrinal, critical and jurisprudential, this book is the fruit of reflections and research carried out by the two authors, and of a symbiotic writing. The American Convention on Human Rights is much more than just a treaty of international law. The Convention is a complex instrument, which was born in a particular context, and which reflects the inter-American human rights particularism. Of course, it is a political instrument, which was thought in the difficult context of the revolutionary fever of the late 1950s. But it is also, and above all, an instrument of progress and justice that is in line with the current of humanist thought of the Universal Declaration of Human Rights and the projects for the emancipation of the humankind. It is also a formidable legal instrument with exceptional normative power and potential. This treaty, as interpreted and applied by the Inter-American Commission and Court of Human Rights, has become the founding norm of a creative, sophisticated and protective inter-American legal regime for the protection of human rights, thanks to audacious and intelligent hermeneutic work, led in particular by the Inter-American Court. The persuasive force of inter-American jurisprudence attests to its argumentative quality. This Inter-American human rights law, if it embodies the hope of access to justice for some, to truth for others, or to the protection of the most vulnerable, is also, for the internationalist lawyer, a paradigm of reference for what is and what must be public international law centered on humanist and progressive values"--
Human rights --- American Convention on Human Rights --- Pact of San José, Costa Rica --- Convención americana sobre derechos humanos --- Pacto de San José de Costa Rica --- Organization of American States --- Inter-American Court of Human Rights --- Civil rights --- Droits de l'homme --- Cour interaméricaine des droits de l'homme --- Inter-American Court of Human Rights. --- Nations Unies. --- United Nations. --- Jurisprudence. --- Convention américaine relative aux droits de l'homme --- Cour interaméricaine des droits de l'homme --- Convention américaine relative aux droits de l'homme
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