The American Convention on Human Rights: A Commentary is the first comprehensive and systematic article-by-article commentary of the American Convention on Human Rights (ACHR) in English. This book offers an exhaustive and critical analysis of each of the 82 articles of the Convention, covering the substantive elements of the rights and freedoms protected, as well as institutional and procedural aspects. Each chapter contains an introduction and a comparative perspective of the provision commented on; a review of the drafting history of the provision; and a critical commentary on the interpretation of the provision in light of the rich case-law of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.
This book offers a thorough, critical, and accessible analysis of the American Convention on Human Rights which is the main human rights treaty of the Americas. The authors closely review the jurisprudence and the binding judgments of the two institutions charged with interpreting the Convention: The Inter-American Court of Human Rights and The Inter-American Commission on Human Rights.They focus on the rights most developed by the Court and Commission, namely the rights to equality, life, humane treatment, personal liberty, property, due process and judicial protection, as well as the freedom of expression and reparations. They examine the case law with a victim-centered lens while identifying key jurisprudential developments, discussing critical areas that lack consistency and rigor, and proposing alternative conceptual approaches. Each chapter contains an Introduction to compare the Convention right's formulation with equivalent rights in other major international and regional treaties; a background section to consider the right's negotiation history; a Scope of Protection section to analyze the right's provisions (paragraph-by-paragraph or topic-by-topic); and lastly, a Limitations section, if applicable, to study any limitations to the right. In addition, the book's Introduction presents an up-to-date overview of the dynamic Inter-American Human Rights System, discussing the System's legal instruments, major institutions, significant impact, key developments, and current challenges.
This edition of the Inter-American Yearbook on Human Rights, like the volumes that precede it, includes information concerning the activities of the Organization of American States in the promotion and protection of human rights. It begins with the composition of the Commission and Court, including the biographies of the members, 1988 activities of each body, reproductions of resolutions and reports by the Commission and historic correspondences and decisions by the Court. Also included is an update on the status of the American Convention on Human Rights, which reports the relation of each country to that instrument, followed by resolutions adopted in 1988 by the OAS General Assembly. The year 1988 distinguished itself particularly because the Inter-American Court of Human Rights made its first decision on a contentious case, the Velásquez Rodríguez case (Honduras). This historic decision is reproduced in Part Three of this volume. Another important 1988 development in the Inter-American system was the Protocol of San Salvador, or Additional Protocol to the American Convention on Human Rights for Economic, Social and Cultural Rights, reproduced in Part Four. Also included, in its entirety, is a report on the human rights situation in Haiti, a report requested by the Organization of American States Permanent Council in Resolution 502. The Inter-American Yearbook on Human Rights is completely bilingual (English and Spanish).
The 2022 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a four volume set. Vol. 1 ISBN: 978-90-04-71518-9 Vol. 2 ISBN: 978-90-04-71520-2 Vol. 3 ISBN: 978-90-04-71522-6 Vol. 4 ISBN: 978-90-04-71524-0
This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
International Human Rights: Problems of Law, Policy, and Practice, Seventh Edition by Hurst Hannum, S. James Anaya, Dinah Shelton, and Rosa Celorio is a student-friendly coursebook that surveys the foundational features and diverse components of the international human rights system, while highlighting human rights issues of pressing concern, including racial discrimination, violence against women, the struggles of indigenous peoples, armed conflicts, lack of access to healthcare and other basic necessities, environmental degradation, and climate change, among others. This coursebook introduces students to the established and developing international law on human rights. Its pages navigate a wide range of substantive norms; procedural rules; and national, regional, and global institutions whose mandate is to promote and monitor compliance with internationally-recognized human rights. The book discusses a range of contemporary human rights challenges, including racial discrimination; violence against women; the struggles of indigenous peoples; armed conflict; threats to free speech, social protest, the defense of human rights; lack of access to health care, and other basic necessities; and environmental degradation and climate change, among others. This book is artfully organized around the foundational features and diverse components of the international human rights system at both the global and regional levels. Distinct problems related to human rights are introduced to illustrate the real issues that face human rights lawyers and how those issues might be addressed through international (and domestic) processes involving internationally-recognized human rights norms. Balancing practical considerations and theory, this outstanding authorship team delivers a comprehensive text that examines historical underpinnings and contemporary considerations related to human rights efforts across the globe. New to the Seventh Edition: New or updated examination of a range of human rights issues, including racial discrimination and police violence; discrimination and violence against women and LGBTI persons; threats to indigenous peoples; undermining of rights of political participation; the human rights impacts of environmental degradation and climate change; human rights in the digital space; among others. Discussion of the formidable impacts on international law and human rights of the Russia-Ukraine conflict that began in early 2022. Exposition of new human rights treaties, declarations, and decisions of judicial and other human rights bodies. Discussion of new developments regarding human rights institutions and international procedures to advance human rights. Updates on United States case law on the judicial enforcement of international human rights norms. This edition of the book is substantially reduced in volume from prior editions, such that it is better designed for use in a one-semester, three-hour course or seminar at the law school or university law. Professors and students will benefit from: Emphasis on practical issues that influence the application, implementation, and development of human rights law. Problem-oriented focus with the goal to motivate students to think about concrete issues and the application of human rights law to the real world. Discussion of current issues in human rights today. Discussion of not only global but also regional treaties, mechanisms, institutions, and procedures related to human rights. Comprehensive coverage that highlights substantive discussion of human rights problems around the world. Presentations of differing views on the theory and practice of human rights. Discussion of the theoretical foundations of human rights, cultural relativism, and sovereignty. Examination of historical developments in human rights as well as modern issues and conflicts. Thoroughly updated text that includes new documents and jurisprudence, as well as recent scholarship. Exposition of the interrelationship between human rights and international humanitarian law and international criminal law. Updated examination of the domestic enforcement of international human rights law.
A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of international human rights law.
This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law.
