Doctrine Practice And Advocacy In The Inter American Human Rights System

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.

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.

C. Rules of Procedure

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.

Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.

The only textbook in the area to take a Global South perspective, drawing on the expertise of the authors and bringing in perspectives from a leading judge in the field. International Law of Human Rights takes students through a rigorous exploration of the theoretical foundations and principles of the subject, alongside current practice and procedures.- Provides a unique Global South perspective, offering a broad view of the subject area.- Focuses on the historical and philosophical foundations of human rights before exploring global and regional systems for their protection, and key substantive rights.- Presents a clear and accurate account of current human rights law practice.- Deep discussion and thorough analysis supported by 'further reflections' and 'critical debate' sections, and summaries of key cases.- Insightful testimonial from the distinguished Judge Cançado Trindade helps to bring a complex discipline to life.- Also available as an e-book with features and links that offer extra learning support.

An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.

For decades, Latin America has been plagued by civil wars, dictatorships, torture, legacies of colonialism, racism, and inequality. The region has also experienced dramatic—if uneven—human rights improvements, shedding light on the politics of transformation. The accounts of how Latin America’s people have dealt with the persistent threats to their fundamental rights offer lessons for people around the world. Human Rights in Latin America provides a comprehensive introduction to the human rights issues facing an area that constitutes more than half of the Western Hemisphere. This second edition brings together regional case studies and thematic chapters to explore cutting-edge issues and developments in the field. From historical accounts of abuse to successful transnational campaigns and legal battles, Human Rights in Latin America explores the dynamics underlying a vast range of human rights initiatives. In addition to surveying the roles of the United States, relatives of the disappeared, and truth commissions, Sonia Cardenas and Rebecca Root cover newer ground in addressing the colonial and ideological underpinnings of human rights abuses, emerging campaigns for gender and sexuality rights, and regional dynamics relating to the International Criminal Court. Engagingly written and fully illustrated, Human Rights in Latin America fills an important niche among human rights and Latin American textbooks. Ample supplementary resources—including discussion questions, interdisciplinary reading lists, filmographies, online resources, internship opportunities, and instructor assignments—make this an especially valuable text for use in human rights courses.