IIHR Review No. 63

Fecha: (10/12/2016 8:52:39 AM)

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The Inter-American Institute of Human Rights (IIHR) presents the 63rd edition of the IIHR Review designed, by topic and scope, to contribute to the debate and the research that would lead to a more effective protection of diverse human rights.

Two of the articles review the situation of human rights defenders. The first, El derecho a defender los derechos humanos como un derecho autónomo (The right to defend human rights as an autonomous right) by Marta González Domínguez (Spain), refers to the importance of the defenders’ work in strengthening democratic systems and points out the main obstacles. It also contains an analysis of closely interrelated rights to the right to defend human rights and their international recognition. 

The second article, El status jurídico de defensores y defensoras de derechos humanos (The juridical status of human rights defenders) by Alan Diego Vogelfanger (Argentina), examines the special protection granted by the international community, which ranges from the recognition of an autonomous right to defend human rights to the categorization of the defenders as vulnerable.

Other articles in the current Review concern the protection of the human rights of indigenous peoples.  La Protección de la propiedad comunal indígena por la Corte Interamericana (The protection of indigenous communal property by the Inter-American Court), by Ricardo Ferrero Hernández (Spain), studies the Court’s views regarding the guarantee of the use and enjoyment of communal property, the obligations of the State and how this right is related to the private property of individuals.

La tutela judicial de los derechos de pueblos indígenas y personas privadas de libertad: una respuesta estructural (Judicial protection of indigenous peoples and individuals deprived of their freedom: a structural response), by Constanza Núñez Donald (Chile), makes a comparative analysis of the experiences of Mexico, Colombia, Argentina and Costa Rica and examines the judicial response to the structural protection of the rights of those vulnerable populations, detailing the challenges that still remain.

This edition also includes a section on inter-American jurisprudence and the contributions of international law regarding issues of regional transcendance, such as questions concerning gender and persons with disabilities, the right to freedom of expression and human migration.

With respect to the first topic, the article on El caso “Fecundación in vitro”: enfoque desde género y discapacidad (The “In vitro fertilization“ case: viewed from a gender and disabled perspective) by María Alejandra Cárdenas and Sofía Galván Puente (Costa Rica), is based on the judgment of the Inter-American Court of Human Rights in the Artavia Murillo et al. v. Costa Rica case and examines the jurisprudential framework of equality and indirect non-discrimination and discrimination based on gender and regarding persons with disabilities. The authors also point out the contributions and shortcomings of the Court’s judgment.

With respect to the second, in La concentración de los medios de comunicación y el derecho humano a la libertad de expresión (The concentration of the means of communication and the human right to freedom of expression), Bruno Adriano Delgado Taboada (Peru) points out the advances of the Inter-American System of Human Rights and the international doctrine with regard to the right to freedom of expression in the light of this phenomenon and on the assumption that it reduces access to diverse and pluralistic information. He also analyzes the experience of Great Britain as an alternative solution that is applicable to the Latin American reality. 

Finally, in his article Seguridad humana y movilidad humana (Human security and human migration) Valeria Llamas analyzes the multiple facets of the concept of human security to determine the effects of migration on processes that might strengthen and elevate the individual in different aspects for his or her survival, life and dignity.

The Institute thanks the authors of the articles for their contributions to the 63rd edition of the IIHR Review and the Norwegian Cooperation, which made possible its production and distribution.

* The summary is based on the Review’s presentation by the IIHR Executive Director, José Thompson.

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