Doctrine, Practice, and Advocacy in the Inter-American Human Rights System
James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, With Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzman, and Cecilia Naddeo
ISBN: 9780190900861 (Hardcover)
Publicado: 19 July 2019
Doctrine, Practice and Advocacy in the Inter-American Human Rights System is the first casebook to focus on the Inter-American human rights system, the primary system for advancing and protecting rights in the Western hemisphere. Created by the Organization of American States, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are autonomous and independent bodies that make up the Inter-American system. Together, they play a vital role, working closely with victims, civil society, and states to protect fundamental human rights in the Western hemisphere, particularly in Latin America. While the system is relatively unknown in legal academia in the United States and Canada, its study is mandatory in most law schools in the Americas. Government appointees, civil servants, high level actors, private attorneys, judges and legal scholars, and media regularly engage with the system in Latin America, implementing its determinations and applying its rulings and interpretations concerning the human rights of their citizens. Thus critical matters affecting vital rights, such as the peace process in Colombia, disappearances in Mexico, gang violence in the Northern Triangle (El Salvador, Honduras, and Guatemala) or trials for perpetrators of crimes against humanity in Argentina, all directly involve the rulings and actors of the Inter-American system. Increasingly, the Inter-American system has advanced rights protection in the United States and Canada. The statements and determinations of the Inter-American Commission on the detention center at Guantanamo, for example, led to a global consensus opposing the prolonged use of pretrial detention at that site, while the Commission’s ruling on the juvenile death penalty was cited by the United States Supreme Court in its holding finding that practice unconstitutional. A report by the Commission on murdered and missing indigenous women in British Columbia led to the creation of a National Commission of Inquiry on the subject by Canada.
This book provides analysis on a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system. At the same time, it provides materials that consider the political dynamics that empower and constrain the system. Doctrine, Practice and Advocacy in the Inter-American Human Rights System takes as its point of departure a critical look at the real-world successes and failures of the system and human rights advocates in the Americas, including the tensions and trade-offs commonly confronted by activists as they seek to advance human rights.
Introduction–Doctrine, Practice, and Advocacy in the Inter-American Human Rights System
INTRODUCTION, EVOLUTION AND OPERATION OF THE INTER-AMERICAN SYSTEM
Evolution of the System: The Inter-American Commission and Court
Petitioning the Inter-American System: Admissibility requirements for Contentious Cases
Jurisdiction Beyond Contentious Cases: What Else Can the System Do?
THE DOCTRINE AND PRACTICE OF THE INTER-AMERICAN SYSTEM
Mass Atrocity, Contemporary Responses, and Transitional Justice
The Right to Life
Emergency, Armed Conflict, and Human Rights Protections in the Inter-American System
Detention and Conditions in Detention Centers
The Rights to Physical Integrity, Freedom from Torture, and Freedom from Third-Party Violence
Chapter 10 Women’s Rights, Gender, and Sexuality
The Rights of Children
Indigenous and Tribal Peoples’ Rights and the Inter-American System
Freedoms of Belief, Expression, Assembly, and Association
Economic, Social and Cultural Rights
BEYOND JUDGMENT-REPARATIONS, COMPLIANCE, AND THE FUTURE OF THE INTER-AMERICAN SYSTEM
Reparations and Compliance
The Future of The Inter-American Human Rights System
James L. Cavallaro is Professor of Law, Director of the International Human Rights and Conflict Resolution Clinic, and Director of the Human Rights Center at Stanford Law School.
Claret Vargas is Senior Researcher and Area Coordinator at the Center for the Study of Law, Justice and Society (Dejusticia) Colombia.
Clara Sandoval is Director of the Essex Transitional Justice Network at the University of Essex School of Law (UK).
Bernard Duhaime is Professor, Department of Legal Sciences at the University of Quebec in Montreal.