The Impact of the Inter-American Human Rights System (eBook, PDF)

Transformations on the Ground
Redaktion: Bogdandy, Armin Von; Morales Antoniazzi, Mariela; Ferrer Mac-Gregor, Eduardo; Piovesan, Flávia

• Format: PDF

Produktbeschreibung

The Inter-American System of Human Rights (IASHR) is certainly a source of innovation in human rights law and policy. However, uncertainty reigns over its true legal, political, and social effects as many decisions face serious problems of compliance. To better grasp the System's effects, this book broadens the focus from compliance to impact as the key criterion of effectiveness. Thus, The Impact of the Inter-American Human Rights System: Transformations on the Ground can reveal the IASHR's deep and multifaceted effects, not least by embedding a common law of human rights. Outlining the IASHR's historic path and contemporary practice, this book shows legal, political, and social effects with respect to the main problems that trouble the Americas. Though most of these certainly continue to exist, the System is having a transformative impact on them on the ground, though with huge differences between issues and countries. These achievements as well as the variations should be of interest to academics, judges, and policymakers in Latin America as well as other regions undergoing similar stress, such as Central and Eastern Europe or Africa. The Impact of the Inter-American Human Rights System brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic and critical analysis of the impact of the IASHR in the various fields of its activity. These include issues of internal conflicts, transition to democracy, rights of vulnerable groups, social rights, the environment, digital rights, and the accountability of private actors. The book also offers evidence-based proposals to further enhance the transformative impact of the Inter-American System that could be taken up by courts and policymakers at the national, Inter-American, and global levels. This is an open-access title available under the terms of a CC BY-NC-ND 4.0 International license.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 704
• Erscheinungstermin: 12. Februar 2024
• Englisch
• ISBN-13: 9780197744185
• Artikelnr.: 69747084

Autorenporträt

Armin von Bogdandy is Director at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and Professor of Public Law at the University of Frankfurt/Main. He has been president of the OECD Nuclear Energy Tribunal as well as a member of the German Science Council, and the Scientific Committee of the European Union Agency for Fundamental Rights. He has held visiting positions at the New York University School of Law, the European University Institute, the Xiamen Academy of International Law, and the National Autonomous University of Mexico, among others. Armin von Bogdandy is the recipient of the Leibniz Prize, the prize for outstanding scientific achievements in the field of legal and economic foundations by the Berlin-Brandenburg Academy of Sciences; the Premio Internacional (gavel) of the Inter-American Court of Human Rights. Flávia Piovesan is a professor of Constitutional Law and Human Rights at the Pontifical Catholic University of São Paulo (PUC-SP). She was a visiting fellow at the Human Rights Program at Harvard Law School in 1995 and 2000, a fellow at the Centre for Brazilian Studies, at the University of Oxford in 2005, and a visiting fellow at the Max Planck Institute for Comparative Public Law and International Law. From 2009-2014 she was there as a Humboldt Foundation Georg Forster Research Fellow. She was also a Visiting Scholar at the David Rockefeller Center for Latin American Studies at Harvard University (DRLCAS) in 2018. Flávia Piovesan is a former member of the UN High Level Task Force on the implementation of the right to development and of the OAS Working Group working on the monitoring of the Protocol of San Salvador on social, economic and cultural rights. In 2016, she was appointed Special Secretary for Human Rights in Brazil and President of the National Commission against Forced Labor. She was a Vice-President and a Commissioner for the Inter-American Commission on Human Rights. Eduardo Ferrer Mac-Gregor is judge and former president of the Inter-American Court of Human Rights, as well as professor at the National Autonomous University of Mexico and researcher at the Legal Research Institute of that university. He is director of the Ibero-American Journal of Procedural Constitutional Law (Revista Iberoamericana de Derecho Procesal Constitucional). Eduardo Ferrer Mac-Gregor has acted as visiting professor and/or lecturer at multiple universities and research centers in Europe, the United States and Latin America, including University of Notre Dame, American University College of Law, Paris-Sorbonne University (Panthéon París 1), Complutense (Madrid) and the Max Planck Institute for Comparative Public Law and International Law (Heidelberg). Mariela Morales Antoniazzi is a senior research fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. She studied law at Andrés Bello Catholic University, obtained her LLM at the University of Heidelberg, and her PhD at the University of Frankfurt/ Main. Her research focuses on constitutional law, Human Rights Law and the Inter-American System of Human Rights. Mariela Morales Antoniazzi has been a visiting professor at various Latin American universities and is vice-president of the German section of the Ibero-American Institute of Constitutional Law. She coordinates the Ius Constitutionale Commune en América Latina (ICCAL) project at the Max Planck Institute for Comparative Public Law and International Law.

Inhaltsangabe

* List of Contributors
* Introduction
* PART I FRAMING THE IMPACT OF THE INTER- AMERICAN SYSTEM
* I.1 Inducing Compliance as a Transformative Process: The Bright Side
of a Dismal Record
* I.2 Protecting Human Rights in the Americas: The Continuous Role of
the Inter- American Commission on Human Rights
* I.3 Inter- American Human Rights System: Sociopolitical,
Institutional, and Cultural Dimensions of Its Transformative Impact
* I.4 Current Issues and Common Challenges for the Protection of Human
Rights in Europe, the Americas, and Africa
* I.5 The Impact of the Inter- American Human Rights System beyond
Latin America
* I.6 Conventionality Control: An Expression of the Basic Elements of
the Judicial Function
* I.7 Effectiveness of International Courts: From Compliance to
Transformative Impact
* I.8 The Use of Transformative Provisional Measures by the Inter-
American Court of Human Rights: Toward a Tangible Impact
* I.9 Transformative Impact: A Framework for Analysis
* I.10 Creating the Narrative of Human Rights Impact in Latin America
* PART II IMPACT AND INTER- AMERICAN STANDARDS
* II.1 Impact of the Inter- American Jurisprudence on Economic, Social,
Cultural, and Environmental Rights
* II.2 The Inter- American Human Rights System's Impact on the
Protection of the Right to a Healthy Environment
* II.3 Indigenous Rights in the Inter- American System: The Application
of Precautionary Measures from a Culturally Appropriate Perspective
* II.4 The Inter- American Human Rights System and Its Impact on the
Human Rights of Women: The Issue of Sexual Violence
* II.5 The Transformative Impact of the Artavia Murillo Case on In
Vitro Fertilization
* II.6 The Impact beyond Compliance of the Case of Azul Rojas Marin:
Reflections around Strategic Litigation and the Inter- American Human
Rights System
* II.7 The Rights of the Child According to the Inter-American Court of
Human Rights: A Latin American Translation
* II.8 The Riffo- Salinas Case: Human Rights of Older Persons
Consolidated in the Inter- American System
* II.9 The Standards of the Inter- American Human Rights System
regarding Migration and Its Impact on the Region's States
* II.10 The Human Right to Defend Human Rights in the Inter- American
System: Normative Enforcement and Transformative Impact of the Case
of Escaleras Mejía and Others v. Honduras
* II.11 The Inter- American Human Rights System's/ ICCAL's Impact on
Transitions to Democracy from the Perspective of Transitional Justice
* II.12 Impact of the Inter- American Human Rights System in the
Struggle against Impunity
* II.13 The Independence of Justice as a Human Right and an
International Obligation in Inter- American Jurisprudence
* II.14 Freedom of Expression: Inter- American Standards and Their
Transformative Impact
* II.15 Impact of the IAHRS Principles on Freedom of Expression and the
Need for Their Expansion in the Digital Age: Challenges to the IAHRS
Principles on Freedom of Expression in the Digital Age
* PART III OPTIMIZING THE IMPACT OF THE INTER- AMERICAN SYSTEM
* III.1 Proposals for the Improvement of the Work of the Inter-
American Commission on Human Rights
* III.2 A Broader Look at the Transformative Impact of the Inter-
American Court of Human Rights' Decisions
* III.3 Addressing Conceptual Challenges: Compliance and Impact
* III.4 Transformative Impact of the Inter- American Human Rights
System: A Methodology to Think beyond Compliance
* III.5 Strategies of the Due Process of Law Foundation for the
Promotion of New Standards and Expansion of the Impact of the Inter-
American Human Rights System
* III.6 Activism Strategies Involving the Inter- American System:
Reflections for the Field of Action and Perspectives from National
Human Rights Organizations
* Conclusion
* Index