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The Inter-American Court of Human Rights
This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.
The Practice and Procedure of the Inter-American Court of Human Rights
A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.
The Inter-American Court of Human Rights
This book describes and analyzes the structure, procedure, practice and emerging jurisprudence of the Inter-American Court of Human Rights. The form and functions of the Court are considered in the context of the Inter-American system as a whole, and the development of its contentious and advisory jurisdictions is discussed in detail. Particular attention is devoted to the Court's present contribution to the corpus of international human rights law, in which parallels are drawn with other analogous institutions where appropriate. Finally, an attempt is made to identify the ideological assumptions which influence the Court's emerging jurisprudence and an assessment is made of the Court's future prospects. While the structure of the court and its jurisprudence lie broadly within traditional concepts of international human rights law, there are certain distinctive features which emanate from the geo-political and socio-economic context within which the Court functions. These factors are considered as an integral part of the work.
The Inter-American Court of Human Rights
Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.
The Social Rights Jurisprudence in the Inter-American Court of Human Rights
Working with progressive conceptual categories relating to indigenous property, cultural identity, the right to an adequate standard of living and healthcare, the Inter-American Court of Human Rights continues to build a justiciability to determine the social rights of marginalised individuals and groups in the Americas. In a context of interpretative tensions of the social rights as political goals and direct effects provisions, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to the human rights practice in the Global South.
The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child
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.
The Practice and Procedure of the Inter-American Court of Human Rights
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.
The Inter-American System of Human Rights
This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of the guarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out at length and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.
When Humans Become Migrants
The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.
Indigenous Land Rights in the Inter-American System
Rights to their traditional lands and resources are essential to the survival of indigenous peoples. They have been formulated and advanced in the most progressive way by the Inter-American system of human rights protection. In this book, Mariana Monteiro de Matos analyzes, in detailed and comprehensive inquiry, the pertinent jurisprudence of the Inter-American Commission and Court of Human Rights. She identifies three distinct waves of decision regarding the objects of ownership or possession, the rights associated, and the holders of the rights. Originally, the book also offers a profound analysis of corollary procedural law.
