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This article presents an analysis regarding the international protection given to women in matters of the inequality from a capacity and protection of women's right perspective in the jurisprudence of the Inter-American Court of Human Rights. The work has been structured in two parts, in each one of those different considerations are held about the documents found in the documental and exploratory research. As conclusion, this work states that even if there are important legal and normative advancements, the persistence of the atrocious violations still committed against women around the globe in general and in Latin-America particularly, ends up being a fragile security and vulnerability frame made evident in those countries. [ABSTRACT FROM AUTHOR]

This article considers the Inter American Court of Human Rights (IACtHR)'s and Inter-American Commission on Human Rights (IACHR)'s approach to interpreting and applying the American Convention on Human Rights (ACHR) provisions through the prism of the United Nations Convention on the Rights of the Child (CRC) and ascertains the features of each convention that supports this approach. It concentrates on the IACtHR's and IACHR's development and implementation of the principle of the best interest of the child, and on two specific areas of the IACtHR's and IACHR's jurisprudence on children's rights – children's migration and trafficking of children – and concludes with some suggestions as to how this approach might be improved further in a manner that gives wider scope for the promotion of children's rights and freedoms in the ACHR contracting states. [ABSTRACT FROM AUTHOR]

Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revue Generale de Droit is the property of Universite d'Ottawa, Section de Droit Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

With the qualification of "Theory and philosophy of damage and responsibility", modern reflection profiles have been created around the notion, coherence and defense of the part of the Law that systematizes the issue of civil crime and its damages, among which there is the line of reflection on "The damage to the project of life" accepted and consecrated by the Inter- American Court of Human Rights - IACHR. Central theme of this work whose essential purpose is to analyze its theoretical basis and reveal the jurisprudential tendency in the Latin American sphere, using a method of theoretical and qualitative research. [ABSTRACT FROM AUTHOR]

This article discusses the legal case of Fontevecchia vs. Argentina, which related to freedom of expression. The author comments on the relationship between supreme courts of Latin America and the Inter-American Court of Human Rights, with a focus on whether the former are tied to the rulings of the latter in domestic cases. The influence of the American Convention on Human Rights is also explored.

Due to their widespread acceptance, the Guiding Principles on Business and Human Rights are currently the main normative body of reference in the field, and so, given their expressive functions, they permeate and determine the way in which different actors shape their discourses. By appropriating the concepts found therein, States, supervisory bodies, activists, and businesses in the Americas can either invoke the Guiding Principles to strengthen initiatives aimed at enhancing protection from corporate abuses or refrain from going beyond what they say. This article studies how those dynamics have been present in the Americas, by exploring the case law of the Inter-American Court and Commission on Human Rights, national action plans, and other State initiatives in the region, and whether corporate statements of businesses operating in the region have referred to the Principles. [ABSTRACT FROM AUTHOR]

The right to silence, and the broader guarantee against self-incrimination, is a juridical construction that found in Latin America a fertile ground for its development. Considering the common history of authoritarian dictatorships and the subsequent resistance to oppression-based legal culture, most Latin American constitutions provided clauses that protected the criminal defendant against physical or psychic abuse and violent means of proof from the State. Therefore, constructing a dialogue between the jurisprudence of Latin American Constitutional Courts, as well as the Inter-American Court of Human Rights, is utterly important as a means to build a minimal standard of efficacy. [ABSTRACT FROM AUTHOR]

Transitional justice refers to the set of judicial and non-judicial measures adopted by different countries in order to confront their dictatorial past. In practice, countries adopt different transitional policies according to their own political, legal, social, historical, and cultural traditions. This applies, for example, to Latin American countries, some of which enacted amnesty laws currently in force, while others tried and convicted those responsible for human rights violations. In this process, the Inter- American Court of Human Rights has contributed significantly to the progress of transitional justice. Through its jurisprudence, the Court has enshrined fundamental principles related to transitional justice. In addition, it has helped Latin American countries overcome jurisprudential positions and revoke national laws that contradict international human rights standards. This article examines the contribution of the Inter-American Court of Human Rights to the development of transitional justice, with an emphasis on the case of Brazil. Ultimately, it assesses the impact of selected court jurisprudence on Brazil in order to identify the quality of the existing dialogue on transitional justice between the Inter-American Court of Human Rights and the Brazilian Supreme Federal Court. [ABSTRACT FROM AUTHOR]

The article discusses the human rights violations and violence in the prisons of the Latin America and significance of the Inter-American human rights system to protect human rights of prisoners. Topics discussed include constitution of the Inter-American Commission on Human Rights to protect prisoners' rights to life, direct access of prisoners' to the Inter-American Court of Human Rights to prevent violence and the decision of court in case Miguel Castro-Castro Prison v. Peru.

Copyright of Revue Quebecoise de Droit International is the property of Revue quebecoise de droit international and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Charles Taylor's A Secular Age is both important and insufficient to the study of religion, law, and politics in Latin America. While aspects of the North Atlantic experience of secularity have become globalized, shaping legal systems and other forms of collective governance around the world, local and regional histories and experiences often depart significantly from Taylor's account of secularity and conception of religion. Scholars of religion and politics in the region need to consider those aspects of local and regional history, such as indigenous and Afro-descendent histories and experiences, that challenge or may be indifferent to globalized Euro-American experiences of secularity and religion. To do so requires grappling with the global effects of the history charted by Taylor while also moving beyond it to account for practices, histories, and ways of life that work outside or against "secularity 3" and the presumptions about religion that it presupposes and produces. [ABSTRACT FROM AUTHOR]

This article aims to analyze the Inter-American Human Rights System, highlighting its transformative impact on the Latin American context, as well as its increasing empowerment in the region, which is a product of the effectiveness of the judicial dialogue in a multilevel system. Indeed, under this multilevel perspective four strands of judicial dialogue emerge, to be noted in the text. Finally, we seek to identify the main challenges of the system and the potential risks of its reform agenda, arguing that the strengthening of the Inter-American System requires the adoption of measures to strengthen its universality, institutionality, independence, sustainability and effectiveness, for which at the end we highlight seven proposals. [ABSTRACT FROM AUTHOR]

Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Anuario Colombiano de Derecho Internacional is the property of Colegio Mayor de Nuestra Senora del Rosario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article discusses the legal concept of erga omnes, or the application of equal rights for all, in the Inter-American Court of Human Rights. The author comments on the role of the court in the protection of human rights for member nations and describes the influence of the court's decisions on those of the smaller national and regional courts.

This article discusses the legal concept known as erga omnes, or equal rights for all, within the Inter-American Court of Human Rights. The author comments on the sentences given by the court, including in the case of Gelman v. Uruguay, which seek to uphold and protect human rights. The influence of this court on the national courts of member countries is also examined.

This paper proposes to demonstrate the need for the adoption of a new inclusive and intercultural paradigm for protecting the human rights of indigenous peoples in Latin America. Th rough a critical analysis of the jurisprudence of the Inter-American Court of Human Rights, the paper will identify some of the advances and limitations in the attempt to construct new alternatives for dealing with indigenous issues in the region. Th is analysis will be conducted through a study of the three fundamental parameters established by Court precedents thus far: the concept of the right to life with dignity, the protection of communal property, and the right of indigenous peoples to prior consultation. [ABSTRACT FROM AUTHOR]

This article presents some emblematic cases of the application of the International Labour Organization (ILO) Convention 169 Concerning Indigenous and Tribal Peoples in Independent Nations by Latin American courts. I chose a small number of cases that cover diverse topics and represent different countries in the region, as well as the regional court of human rights - the Inter-American Court of Human Rights. It is clear that there has been considerable experience in the application of Convention 169 in Latin America, with some countries having developed important jurisprudence through a significant number of judgments in the field. Therefore, this work makes no pretence of being an exhaustive review of the material: the perspective adopted is simply to select a handful of cases, based on the novelty of interpretation offered or on the relevance of its consequences. Before outlining the cases, I make some preliminary clarifications that may be useful in explaining the material presented here, and the context in which they should be understood. [ABSTRACT FROM AUTHOR]

The article discusses the jurisprudence of the Inter-American Court of Human Rights and constitutionalism in Latin America. It acknowledges the crucial role of domestic courts in the implementation of the binding decisions of an international tribunal organ such as the Inter-American Court. It analyzes the issues of amnesties, obligation to investigate human rights violations, and nondiscrimination and the rights of indigenous peoples. It asserts that international human rights obligations establish limits to an unrestricted juridical pluralism.

The Inter-American Human Rights System has established a minimum of rights that should be recognized to every migrant. These rights are supported by the principle of non discrimination and the general obligation to respect every human right established in the international instruments. This does not require an assumption of the existence of a right to migration. However, those guarantees have not been yet applied by the governments. The current migration policies are in violation of the right to liberty, nationality, judicial guarantees, due process of law, etc. This situation does not seem to improve in the short-term. This is the reason why the InterAmerican Human Rights System, IHRS, should strengthen the influence on the inside of the members of the Organization of American States, OAS, with the purpose not only to discuss the recognition of the basic rights for undocumented immigrants, but poverty related to by the neoliberal development model in Latin America, which constitutes the most frequent cause of migration. [ABSTRACT FROM AUTHOR]

This article discusses the freedom of association in relation to Latin American constitutional law. The author analyzes essential characteristics of democracy, emphasizing political participation as a strong foundation for a successful government and society. The court case Huilca Tesce vs. Peru is reviewed, which involved an attempt on the life of Pedro Huilca Tesce, a noted militant trade union leader, by the Peruvian government, that was ruled a violation of his freedom of association. Other court cases involving the freedom of expression in journalism and the necessity of an informed public are also described.

This article presents some cases that are emblematic of the application of the International Labour Organisation's Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries, by courts of Latin America. It discusses: a limited number of cases that cover various topics and represent the distinct countries of the region; and the regional court of human rights - the Inter-American Court of Human Rights. These cases are highlighted either according to their subject, by the innovative insight they offer, or by the relevance of their consequences. Before outlining these cases, however, some clarifications are presented which might be useful in explaining the material set forth below and the context in which the material should be situated. [ABSTRACT FROM AUTHOR]

The article presents a study on the impact of the Convention on the Rights of the Child (CRC) in Latin American countries. It discusses the important trends in relation to human rights which has been manifested in various ways which include the internationalization of rights and specialization of rights. It also examines the relationship between the international human rights system and the possibilities of the incorporation and effectivity of human rights in the legal framework of the nation-state.

El artículo enfoca en la Corte Interamericana de Derechos Humanos y sus garantías judiciales concernientes a la valoración de las pruebas. Considera el manejo de las pruebas y evidencias en varios casos tratados por la corte y hace referencia al papel correspondiente al Estado en la investigación y en la recolección de evidencia.

The article discusses the impact of the decision made by the Inter-American Court of Human Rights (IACHR) regarding press freedom in the Caribbean Area and in Latin America. It states that the decision determined that the licensing law of Costa Rica for journalists violates the American Convention on Human Rights. According to "IAPA News" of Inter American Press Association, the ruling would affect the proliferation of the government-approved collegia. Furthermore, the decision of the IACHR stressed press freedom in the increasing acceptance of the licensing of journalists worldwide.