Transforming vocation of the inter-american caselaw

Authors

  • Sergio García Ramírez Universidad Nacional Autónoma de México
  • Julieta Morales Sánchez‍‍ Universidad Nacional Autónoma de México

DOI:

https://doi.org/10.18042/cepc/aijc.24.01

Keywords:

Inter-American Court of Human Rights, American Convention on Human Rights, “American Navigation”, Caselaw, Internal Acceptance, Ius Commune, Vulnerable persons, Reparation, Conventionality Control, Democracy, Transitional Justice, Provisional Measures

Abstract

Just as there is a transformative constitutionalism that aims to transform the prevailing order and open new avenues for social life, there is international caselaw in the same vein for the protection of human rights. Within the region under its jurisdiction, the Inter-American Court has taken on this transforming vocation and issued growing and varied caselaw that strives to introduce substantial changes in the domestic legal orders and practices in the American States, especially those that form part of Latin America. This work provides a brief overview of the most recent Inter-American caselaw that highlights this intent to transform. It covers a wide range of issues that the Inter-American Court has addressed in judgments and advisory opinions in recent years. The authors discuss core issues in the exercise of Inter-American jurisdiction, such as the protection of human dignity, the obligations of States, conventionality control, the protection of vulnerable persons and other matters of paramount importance. It also gives an account of significant decisions in the field of economic, social and cultural rights, the right to truth and democratic rule, and mentions the internal acceptance of international caselaw. 

Published

2020-06-10

Issue

Section

STUDIES