“An intruder body”. Antidiscrimination law and the justiciability of the economic, social and cultural rights in the Inter-American Court of Human Rights: an analysis based on the Case of Guevara Díaz vs. Costa Rica

Abstract

This article aims to analyze the Case of Guevara Díaz vs. Costa Rica, judged in June 2022 by the Inter-American Court of Human Rights, especially about Anti-Discrimination Law. The precedent innovates by establishing the normative force of the principle of progressive development provided for in article 26 of the American Convention on Human Rights (ACHR), understood, at least until then, as a mere interpretative principle of the ACHR. The decision also deserves to be highlighted due to the adoption of Anti-Discrimination Law as a backdrop to enable the direct justiciability of Economic, Social and Cultural Rights (DESCA). In terms of methodology, the research is carried out based on a critical-reflexive review of the topics covered and the use of the hermeneutic phenomenology method.