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IIHR Review 67

Fecha: (8/22/2018 4:14:48 PM)

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This issue of the IIHR Review, published continuously since 1985, is devoted to the 40th anniversary of both the entry into force of the American Convention on Human Rights and the creation of the Inter-American Court of Human Rights. There follows a summary of its 10 articles

Antônio Augusto Cançado Trindade, former President of the I/A Court and current judge of the International Court of Justice, in Atos de genocídio e crimes contra a humanidade: reflexões sobre a complementaridade da responsabilidade internacional do indivíduo e do Estado (Genocide and crimes against humanity: reflections on the complementarity of the international responsibility of the individual and of the State), offers a review of the jurisprudence on these crimes by both international and inter-American criminal courts. He also shares his ideas on the complementarity of individul responsiblity and that of the State regarding the “similarities and points of convergence” between the International Law of Human Rights and International Criminal Law.  

In her article on El nuevo despertar del Sistema Interamericano:causas y efectos (The new awakening of the Inter-American System: causes and effects), María Cielo Linares presents the intrinsic and extrinsic reasons that, in her opinion, have had an impact on the System’s organs. She also refers to the technicalization and the high standards of professionalization of the different actors of the System that have led to the significant development of its jurisprudence, such as that concerning Article 26 of the
American Convention in the Case of the Dismissed Employees of Petroperú et al. v. Peru of November 23, 2017.

Alejandro Díaz Pérez and Daniela Aguirre Luna, authors of Análisis de la evolución jurisprudencial del artículo 21 de la CADH (Analysis of the evolution of the jurisprudence regarding Article 21 of the American Convention), explain the development of the recognition and protection of the ancestral territories of the indigenous populations of the hemisphere. Their review begins with the Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua and concludes with the recent Case of the Xucuru Indigenous People and its members v. Brazil. Their article also considers other jurisprudence that broadens the effet util of the American Convention in this area.

In A aplicação do artigo 8º. da Convenção Americana sobre Direitos Humanos às causas cíveis (The application of Article 8 of the American Convention on Human Rights to civil matters), Vitor Fonsêca analyzes the Inter-American Court’s advisory and contentious jurisprudence on the application of Article 8 in non-criminal matters, arguing that it would confer a greater human rights protection.

In her article, Justiciabilidad directa de los DESCA, ¿después de Lagos del Campo qué sigue (The direct justiciability of economic, social, cultural and environmental rights,what comes after Lagos del Campo?), Marcela Cecilia Rivera Basulto refers to the first pronouncement of the Inter-American Court regarding a violation of Article 26 of the American Convention, which deals with the progressive development of those rights. The aforementioned case is a landmark in the history of the Inter-American System of Human Rights in that it found Peru responsible for a violation of the right to work. The case implies important challenges for the guarantee of that and other rights in the supranational order, specifically with regard to the regional court.

Ricardo Guerra Vasconcelos and Júlia Fonseca Maia, authors of A progressiva proteção e promoção dos direitos das mulheres no Brasil: um estudo a partir da Convenção Americana de Direitos Humanos (The progressive protection and promotion of the rights of women in Brazil: a study based on the American Convention on Human Rights), in referring to the Case of Maria da Penha v. Brazil, make an evaluation of the respect and compliance of the human rights of women in that country, their incorporation into the legal order, the State actions in formulating public policies and laws in the area of violence against women, its actions with respect to the international treaties on the subject, such as the Convention of Belém do Pará and the American Convention on Human Rights, and the importance of both international instruments in protecting the rights of Brazilian women.

Felipe Otávio Moraes Alves and Micaela Amorim Ferreira, who contributed A repercussão do Pacto San José da Costa Rica na ordem jurídica do Brasil (The impact of the Pact of San José of Costa Rica on the legal order of Brazil), analyze the impact of the American Convention on their country since the promulgation of the Federal Constitution of 1988 and the cases in which the Inter-American Court has ruled against Brazil and their reception and implementation in the internal legal order.

For his article Panorama en México respecto a la Convención Americana sobre Derechos Humanos (The panorama in Mexico regarding the American Convention on Human Rights), Alfonso Carrillo González reviewed the findings of the courts since 1969, the year the Convention was drafted, that are available on the Internet pages of the Supreme Court of Mexico. This information has shown the evolution of the juridical protection of human rights in Mexico with respect to the terms of the Convention and has revealed the persistence of judicial practices that were not in accord with the terms of the treaty.

Pablo González Domínguez, in Reflexiones sobre el pasado, presente y futuro de la jurisprudencia de la Corte Interamericana de Derechos Humanos sobre control de convencionalidad (Reflections on the past, present and future of the Inter-American Court of Human Rights regarding control of conventionality), explores the jurisprudence regarding such control that develops the content of Article 2 of the American Convention on Human Rights from the Case of Suárez Rosero v. Ecuador (1997) to OC-24/17 (2017), which deals with the protection of sexually diverse individuals.

Finally, Pamela Juliana Aguirre Castro, in Los DESCA a la luz de la jurisprudencia de la Corte IDH (Economic, social, cultural and environmental rights with respect to the jurisprudence of the Inter-American Court), describes the debate regarding the justiciability or direct enforcement of those rights, the relevant jurisprudence of the Court regarding them and the interpretive and argumentative challenges that face the Court in future cases on these rights.

 

Taken from the Prologue to the Review by José Thompson, IIHR Executive Director.