Inter-American Court Research Articles

Velásquez Rodríguez v. Honduras: The role of victims’ legal representatives in shaping the Inter-American Court’s evidentiary regime

The landmark case of Velásquez Rodríguez v. Honduras (1988) not only initiated the jurisprudence of the Inter-American Court of Human Rights but also established foundational principles of its evidentiary regime. These standards, including the concept of forced disappearances, rules on burden of proof, and use of presumptions and testimonial evidence, continue to shape contemporary caselaw. This paper highlights the overlooked role of the legal representatives of the victims in proposing these evidentiary principles. It comprehensively examines the case, delving into its facts, the Honduran context, the role of legal representatives of the victims, and the impact of Velásquez Rodríguez on the Court’s evidentiary regime and future caselaw. Received: 08 April 2024 Accepted: 15 January 2025

Corporate Duties of the Arms Industry at the Inter-American Court of Human Rights: A Tale of Risk and Attribution

Abstract This piece outlines the engagement of the Inter-American Court of Human Rights with the United Nations (UN) Guiding Principles on business and human rights in light of the Advisory Opinion requested by Mexico on the obligations of the firearms industry. It outlines how the Court has relied on the distinction between positive and negative human rights duties, which has led it to constantly find states responsible for omissions (failing to ensure rights) instead of actions (carried out by private actors, including corporations). For the Court, such a distinction translates into the possibility that corporations can violate human rights directly.

International legal mechanisms for the protection of labor rights in the Inter-American system for the protection of human rights

The article examines the features of the legal regulation of international legal regulation of the protection of labor rights within the Inter-American system for the protection of human rights. The opinion is expressed that in addition to universal mechanisms for the protection of human rights, regional mechanisms are actively developing, which are of considerable importance, since they take into account the peculiarities of the economic and social development of regions and contribute to the harmonization of labor legal norms between countries. It is found that labor rights occupy an important place in the Inter-American system, which operates within the Organization of American States and is represented by the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. In the process of the study, the main international documents that enshrine labor rights within the Inter-American system for the protection of human rights were analyzed. It is stated that despite the fact that the Inter-American Charter of Social Guarantees of 1947 was not mandatory, it played a major role in the establishment and recognition of workers’ labor rights in the region and served as a reference point for national labor legislation for states on the American continent. The American Declaration of the Rights and Duties of Man of 1948, together with the American Convention on Human Rights of 1969, forms the basis of the Inter-American system of human rights protection. It is noted that the American Declaration of the Rights and Duties of Man of 1948 enshrines a number of labor rights. In addition, attention is drawn to the importance of the Additional Protocol to the American Convention on Human Rights in the Field of Economic, Social and Cultural Rights (San Salvador Protocol) of 1988. Based on the analysis of scientific points of view and legislation, the authors conclude that the Organization of American States, together with other international organizations, play an important role in the protection of labor rights in the Inter-American System of Human Rights Protection. With the help of international legal mechanisms, a system of direct protection of labor rights operates on the basis of the provisions of the main international documents that enshrine labor rights within the framework of the Inter-American System of Human Rights Protection.

Upcoming Advisory Opinions of the Inter-American Court of Human Rights

Abstract The Inter-American Court of Human Right’s advisory opinions have been a crown jewel of the Court’s jurisdiction; as with its contentious jurisdiction the Court has deployed it to the fullest extent, expanding an already generous purview provided in Article 64 of the American Convention of Human Rights to allow it issue provocative and progressive decisions. This article tracks the historical origins of the jurisdiction’s evolution, focusing on key features of the Court’s approach to its exercise, and considers on that basis, how this trajectory will develop in two upcoming requests for advisory opinions – one on the “right to care” and the other on human rights implications of the private arms trade.

Climate Justice through International Courts and Tribunals: Advisory Opinions in the International Tribunal on the Law of the Sea (ITLOS), the Inter-American Court of Human Rights (IACtHR) and the International Court of Justice (ICJ)

Climate change is the justice challenge of our century, and the increasingly serious impacts of climate change on human societies and ecosystems are raising important international legal challenges. States and stakeholders are appealing to international courts for clarity concerning their responsibilities in the global response to climate change, as well as their accountability for climaterelated loss and damage. Through advisory proceedings, these institutions are being asked to clarify the legal obligations of States in addressing climate change, including the prevention of ocean impacts, the protection of human rights, and in international law more broadly. The International Tribunal for the Law of the Sea (ITLOS), the Inter-American Court of Human Rights (IACtHR) and the International Court of Justice (ICJ) are at the forefront of such proceedings with the potential to reshape international climate law and governance. In this article, expert legal scholars highlight the significance of climate advisory proceedings in these tribunals, briefly underlining the legal reasoning of the ITLOS advisory opinion, its implications for international climate governance, and the questions and arguments before the IACtHR and the ICJ. The article explores, in the context of global efforts to implement the Paris Agreement under the United Nations Framework Convention on Climate Change (UNFCCC) and other climate litigation including in international courts and tribunals, the transformative potential of recent advisory opinions sought from the ITLOS, the IACtHR and the ICJ. In their responses to the pressing need for legal clarity in a world grappling with unprecedented climate challenges, the article suggests, courts are offered an historic opportunity to shape the contributions of international law to global sustainability, justice and the survival of life on Earth.

Alliance between the right to identity and the right to family life as a constitutional/conventional basis to rethink adoption in a contemporary key

In this essay we propose to rethink the centrality of the right to identity as the base human right or backbone of the adoptive legal system in Argentine law. It happens that the right to identity, although always in a relational context such as that contained in filiation, focuses on the satisfaction and protection of people as such, would encounter certain limitations when delving into all interactions – beyond the binarism. relational – that involve certain contemporary problems of adoption. For the purposes of this interpellative task, we are encouraged to get into the ring and thus dispute this centrality in light of the development of the right to family life, taking arts as a starting point. 17 of the ACHR and 8 of the ECHR with the consequent dynamic interpretation carried out by the Inter-American Court of Human Rights and the European Court of Human Rights.

The Price of Justice: Compliance and Damages Awarded by the Inter-American Court of Human Rights

The Price of Justice: Compliance and Damages Awarded by the Inter-American Court of Human Rights

Climate Change Before International Courts and Tribunals: Reflections on the Role of Public Interest in Advisory Proceedings

This article examines the advisory proceedings in relation to climate change before the International Court of Justice, the International Tribunal for the Law of the Sea, and the Inter-American Court of Human Rights through the lens of the broader phenomenon of public interest litigation. It focuses on certain substantive, institutional, and procedural dimensions of the advisory proceedings, construed as a form of public interest litigation. First, it argues that international courts and tribunals should innovate by allowing broader participation while considering the constraints of their statutes and rules of procedure. Second, this article examines how prior advisory opinions, even though non-binding, may shape the subsequent practice of States, and considers the impact that the advisory opinions on climate change may have. Ultimately, this article questions whether these advisory opinions may have a catalytic effect on ensuring the protection of other global commons in the future.

An Elusive Goal: Understanding the Effectiveness of the Inter-American Court of Human Rights

An Elusive Goal: Understanding the Effectiveness of the Inter-American Court of Human Rights

Judicial Review and Refund of Trade Remedies in Ecuador

This article examines the evolving jurisprudence regarding the direct application of international treaties, particularly in the context of trade remedies within Ecuador and the Andean Community. It outlines the significant changes following the enactment of the Ecuadorian Constitution in 2008, which has facilitated local judges’ ability to apply international law directly. Historically, prior to these reforms, Ecuadorian courts faced challenges in refunding payments made under trade remedies due to conflicting local regulations. Key developments include a 2012 interpretation by the Court of Justice of the Andean Community (CJAC) that mandated refunds when local laws conflicted with Andean norms, and subsequent rulings reinforcing this principle. The article discusses the implications of these rulings for individual rights under public international law (PIL) and highlights landmark cases where local judges have successfully invoked international treaties to resolve disputes. It emphasizes the role of constitutional principles and the doctrine of Conventionality Control established by the Inter-American Court of Human Rights, which obligates states to comply with international treaties in good faith. The article concludes that recent judicial trends indicate a pivotal shift towards recognizing individual rights in trade matters, thereby enhancing the protection of economic interests within Ecuador’s legal framework.

To be a mother or to be lesbian? Considerations about the case Atala Riffo and children vs. Chile in the Inter-American Court of Human Rights

To be a mother or to be lesbian? Considerations about the case Atala Riffo and children vs. Chile in the Inter-American Court of Human Rights

Estándares de violencia de género en la jurisprudencia de la corte interamericana de derechos humanos y su cumplimiento: casos Perú y México

This research paper aims to show the standards of gender perspective, due diligence, forced disappearance, violence and sexual torture established in the jurisprudence on violence against women of the Inter-American Court of Human Rights in the cases of Miguel Castro Castro Prison v. Peru, González et al. (“Cotton Field”) v. Mexico, Fernandez Ortega et al. v. Mexico, Rosendo Cantu et al. v. Mexico, and Women Victims of Sexual Torture in Atenco v. Mexico. Also, to present the analysis of the adoption of comprehensive reparation measures and the compliance that both States have given in response to the Court's judgments.

LEGAL FOUNDATIONS OF ENVIRONMENTAL RIGHTS PROTECTION OF VULNERABLE PERSONS WITHIN THE INTER-AMERICAN HUMAN RIGHTS SYSTEM

The judicial practice of the Inter-American Court of Human Rights regarding the interpretation of the provisions of the American Convention on Human Rights of 1969 and the rendering of decisions in relevant cases on the protection of the right to a healthy environment, in particular, decisions in cases "Mayagna (Sumo) Awas Tingni Community v. Nicaragua" of 2001, "Yakye Axa Indigenous Community v. Paraguay" of 2005 and "Kichwa Indigenous People of Sarayaku v. Ecuador" of 2012, as well as Advisory Opinion OC 23/17 of 2017 were considered. The relevant conclusions were drawn.

Correction to: Specificity in the Inter-American Court of Human Rights

Correction to: Specificity in the Inter-American Court of Human Rights

Balancing Climate, Culture and Human Rights: Insights from La Oroya, Fosen and the Torres Strait Islanders Case

As climate change accelerates, humans will need to take increasingly ambitious measures to mitigate its effects. These measures may protect human rights, ensuring people are safe from natural disasters, food insecurity and extreme temperatures, but they also have the capacity to infringe upon human rights. Balancing these interests is a growing challenge for the law, and has recently been the subject of groundbreaking jurisprudence in several international forums. This article examines the challenges of balancing human rights and climate action in the frame of two key human rights – the right to culture, and the right to a healthy environment – drawing lessons from the recent La Oroya Case from the Inter-American Court of Human Rights, the Torres Strait Islanders Case from the UN Human Rights Committee, and the Fosen Case from the Norwegian Supreme Court.

Lessons to learn? Using the Inter-American Court of Human Rights’ jurisprudence on amnesties and pardons in the context of the Russo-Ukrainian War

Abstract The standards of the Inter-American Court of Human Rights on amnesties and pardons in mass atrocity cases have been influential in Latin America and beyond. In turn, discussions about possible transitional justice mechanisms related to the Russo-Ukrainian war have involved issues of amnesty and pardon. However, the dicta of the Inter-American Court of Human Rights do not formally bind Ukraine and Russia. By connecting the two (semi-)peripheries of international law – namely, Latin America and Eastern Europe – the present article examines whether and to what extent the jurisprudence in question can shed light on legal and policy solutions for addressing the amnesty and pardon challenges posed by the Minsk agreements, domestic developments in Ukraine and Russia, and a potential future peace accord.

Parenting Discrimination and Children’s Rights in lgbtqia+ Families: A Review of International Human Rights Decisions

Abstract Children in lgbtqia+ families experience discrimination when their parents or primary caregivers, in their role or status as a parent, are discriminated against on lgbtqia+ grounds. However, international and regional human rights courts and committees rarely consider children’s rights or perspectives in lgbtqia+ parenting discrimination cases. This paper argues that human rights courts and committees should consider the impacts of parenting discrimination on children in lgbtqia+ families. Using three critical rights in the Convention on the Rights of the Child (non-discrimination, the child’s best interests, and the child’s right to be heard), this paper comparatively analyses decisions by the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and considers insights from the Committee on the Rights of the Child. Human rights courts can significantly improve their decisions by recognising the detrimental impacts of parenting discrimination on children in lgbtqia+ families.

The Development and Evolution of the Right to Life in the Inter-American Court of Human Rights

Aim: To examine different aspects of the evolution and development of the right to life in the Inter-American Court of Human Rights. Moreover, to analyse certain cases related to the violation of this right and its procedural and substantial aspects. Methodology: The methods chosen for this article are Documental Analysis and Case Study. To conduct the research, the methodological technique of documental investigation will be used. The objectives will be reached through the examination, reading, and critique analysis of the documents. The methodological technique selected allows through the observation and the analysis of documentation to look back, understand, and interpret the current reality. The subject of study is the Inter-American Court of Human Rights (IACHR). The main documents are going to be texts of doctrine about this tribunal and the right to life and the case-law of contentious cases of this Court. Findings: This text establishes theoretical definitions. Furthermore, tries to define the crime of enforced disappearances that have been very important for the development of the right to life in the IACHR and which is a crime against humanity. Other important characteristic of this paper is that it examines the obligation to investigate, the procedural aspect of the right to life, the interpretation of Article 4 of the American Convention of Human Rights (Right to Life) and the proportionality of the use of the force of security forces in relation with the violation of the right to life. Value: To give important concepts about the study of the right to life taking as case study the evolution and development of this right in the Inter-American Court of Human Rights.

The pursuit of environmental justice: the adjudicative role of advisory opinions of creating obligations on States in respect of climate change

Currently, there are pending requests for advisory opinions regarding State obligations on climate change before both the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (IACtHR). Additionally, the International Tribunal for the Law of the Sea (ITLOS) recently issued its advisory opinion on Climate Change and International Law on 21 May 2024. This article aims to compare these requests, analysing their contextual backgrounds and the extent of States’ involvement in the advisory proceedings. The aim is to examine the jurisdictional scope and future prospects of the proceedings before the two courts and the tribunal by exploring the distinct normative, practical and political strategies shaping each request. Furthermore, the article assesses how these factors influence the framing of the requests for advisory opinions and shape the contributions received by interested States. By providing a holistic analysis of these legal interpretations, the author evaluates the potential impact of the aforementioned opinions on the future behaviour of States and the development of international law. Ultimately, this analysis aims to inspire the progress of strategic climate change litigation and inform about potential enhancements in the interpretation and development of future international agreements.

Redefining human–nature relations: decolonial perspectives on Inter-American Court environmental jurisprudence

ABSTRACT Debates surrounding environmental protection and its intersection with human rights have gained significant traction in the past decade, coinciding with the advancement of decolonial thought across political, academic and social spheres. These discussions and agendas have become intertwined as humanity faces unprecedented threats to essential global ecosystems while indigenous peoples and traditional black communities, often the primary stewards of the environment, seek emancipation from historical violence. This dynamic struggle between resilience and violence, along with the link between nature and human rights, is also evident within the Inter-American Court of Human Rights. Drawing upon decolonial insights and employing a dialectical method, our analysis aims to scrutinize the Court’s jurisprudence to understand its approach concerning the connection between human and environmental rights.