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IIHR Review 68

Fecha: (12/10/2018 3:25:59 PM)

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The Inter-American Institute of Human Rights (IIHR) has issued the 68th edition of its Review, the theme of which is the commemoration of the 70th anniversary of the universal and American human rights declarations. The articles, which are summarized below, emphasize the importance of both instruments as the first blocks of a large edifice that is today the international law of human rights and its subsequent developments.

José Antonio Musso, of Argentina, author of Dos instrumentos históricos que mostraron el camino (Two instruments that show the path), provides the context that gave rise to the Declarations and the most important aspects of the debate prior to their adoption in the polarized post-war world. He also analyzes their content, value and effect on the formation of international human rights law and the corresponding institutionality.

Renato Zerbini Ribeiro Leão, Brazilian, in Os 70 anos da Declaração Universal dos Direitos Humanos: um olhar especial sobre o Pacto Internacional de Direitos Econômicos, Sociais e Culturais e seu órgão de supervisã, (Seventy years of the Universal Declaration of Human Rights: a special look at the International Covenant of Economic, Social and Cultural Rights and its organ of supervision), goves a complete description of the work of the UN Committee on Economic, Social and Cultural Rights, the procedures adopted to apply the Covenant’s Optional Protocol and the cases that have been decided. He also reviews the nature and scope of the provisional measures in situations of emergency.

In La Declaración Universal y la naturaleza evolutiva y multifacética de los derechos humanos (The Universal Declaration and the evolutive and multifaceted nature of human rights), Mireya Maritza Peña Guzmán, Colombian, provides a doctrinal and political context to the formation of the international law of human rights, the basis of collective rights found in the Declaration and the role of rights in the present time from different perspectives.

Mayren Vargas Araya, Costa Rican, author of El derecho internacional frente a la violencia de género (International law and violence involving gender), focuses on the progress made in the international protection of the rights of women since 1948, with emphasis on the right to live without violence, and the role of the specialized organs of the universal and inter-American systems in the context of the situation of violence and discrimination that women in the region continue to confront in spite of the normative and institutional advances.

For their part, Valeria V. Llamas and Sabrina P. Vecchioni, both from Argentina and authors of Buscando refugio. Análisis comparativo y evolutivo del derecho a buscar y recibir asilo en el sistema universal y regional de protección de los derechos humanos de cara a la adopción del Pacto Global de Refugiados– (Seeking refuge. A comparative and evolutive analysis of the right to seek and receive asylum in the universal and regional systems of human rights protection in view of the adoption of the Global Compact for Refugees), look at this right in light of the paradigms in the universal and American declarations in difficult time in which a new integral agreement opens the way to protect the rights of refugees and migrants “holders of rights.”

André Almeida Gonçalves and Mariana Ferreira Silva, from Brazil, in Expressão e democracia no sistema interamericano de direitos humanos (Expression and democracy in the Inter-American System of Human Rights), study the guarantee of freedom of expression, its limits, regulations and relationship to democracy. They also review the jurisprudence of the Inter-American Court of Human Rights and contrast the theoretical aspects with the decisions of the Court.

In Sistema interamericano de proteção dos direitos humanos e leis de identidade de gênero (The inter-American system of human rights protection and identity  of gender), the Brazilian Sophia Pires Bastos argues that the States parties in the American Convention on Human Rights should legally recognize the identities of gender to combat discrimination against sexually diverse persons within the parameters of control of conventionality. She also reviews the progress made in some countries of the region, especially Brazil, in light of the requirements of the inter-American system.

Bernardo José Toro Vera, from Chile and the author of El juez del Estado constitucional de derecho y el sistema interamericano de derechos humanos (The judge of a constitutional State of law and the Inter-American System of Human Rights), writes of the interrelationship  between international and domestic law, the role of the judiciary as the body mainly responsible for control of conventionality in a constitutional State of law and the constitutional reform in Mexico of 2011. He adds a study of control of conventionality in the jurisprudence of the Inter-American Court and the Supreme Court of Mexico in the context of the emergence of a ius constitutionale commune in the region.

In Derechos humanos: una materia a ser interpretada (Human rights: a matter to be interpreted), Joaquín Pablo Reca, of Argentina, sets out the operative and programmatic nature of the norms and their implementation and discusses who are the holders of rights, with reference to Advisory Opinion OC-22/16 of the Inter-American Court concerning legal entities.

Finally, with ¿La culpa la tienen los derechos humanos?... Reflexiones a propósito del 70 aniversario de la Declaración Universal de Derechos Humanos y de la Declaración Americana de Derechos y Deberes del Hombre (Are human rights to blame? Reflections on the 70th anniversary of the Universal Declaration of Human Rights and the American Declaration of the Rights and Duties of Man), Lautaro Ezequiel Pittier, from Argentina, contributes to the debate on the biased responsibilization that is made with human rights with respect to criminality. He discusses such important matters as the principle of equality, the universality of human rights, the debate on the ineffectiveness of the death penalty, the true concept of human rights and due process.

Taken from the Introduction of José Thompson, IIHR Executive Director.

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