Abstract
The Inter-American Court of Human Rights (IACrtHR) has developed in recent years an innovative jurisprudence that has integrated the entity and extension of States’ obligations regarding children’s rights—as established in Article 19 ACHR—through the evolutive, dynamic, and effective interpretation of the American Convention on Human Rights (ACHR). In fact, by acknowledging the existence of an international corpus juris for the protection of children’s rights, the Court has examined this provision in the light of instruments enshrined within the corpus juris, such as the UN Convention on the Rights of the Child. This process of normative integration was not only limited to the application of international instruments adopted outside of the Inter-American system, but also includes internal references to interconnected rights recognised within the American Convention. Consequently, by analysing the scope of Article 19 ACHR in the light of Article 4 ACHR (right to life) and the corpus juris for the protection of children, the Inter-American Court has further expanded the protection of children’s rights towards the protection of the right to a dignified life. While focusing on the landmark jurisprudence developed by IACrtHR, this paper seeks to unveil the hermeneutical paths undertaken by the regional tribunal in connection with the systemic integration of Article 19 ACHR. In particular, it focuses on the emerging jurisprudential development of positive obligations upon States Members regarding the effective protection of children’s right to a dignified existence.
Highlights
IntroductionIn addition to the above-mentioned internal integration of the provisions of the American Convention, the Court has further extended the scope of protection of children’s rights through an external integration of those provisions
While focusing on the landmark jurisprudence developed by Inter-American Court of Human Rights (IACrtHR), this paper seeks to unveil the hermeneutical paths undertaken by the regional tribunal in connection with the systemic integration of Article 19
This paper has critically examined how the Inter-American Court has expanded the scope of protection of the right to life, as recognised by the American Convention on
Summary
In addition to the above-mentioned internal integration of the provisions of the American Convention, the Court has further extended the scope of protection of children’s rights through an external integration of those provisions This hermeneutical step was possible by interpreting Article 19 ACHR in the light of other international instruments that integrate the corpus juris of international human rights law. Through a systemic interpretation of the American Convention, the regional tribunal has affirmed that in cases related to the rights of children, the United Nations Convention on the Rights of the Child (CRC) is the most suitable instrument for the interpretation of Article 19 In this regard, the Court has acknowledged that both the American Convention and the Convention on the Rights of the Child form part of the same comprehensive legal system, that is, the international corpus juris for the protection of children’s rights. This will lead to a discussion on the praetorian construction of the right to (a dignified) life and the emerging jurisprudential development of positive obligations for the protection of a dignified life in connection to the rights of the child
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