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Eduardo Arenas Catalán

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Cecilia M. Bailliet

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Cecilia M. Bailliet

The nature of peace as a justiciable right or duty (or both) is recognized within the region, at times taking individual form, other times appearing as pertaining to the collective society, group, or state. This chapter presents the different facets of constitutional iterations of positive peace and explores its interrelationship with human rights. Furthermore, there is presentation of the increased attention to culture of peace initiatives through education and use of alternative dispute resolution in labor disputes.

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Cecilia M. Bailliet

Although many of the former and current judges of the Court recognize peace as a regional or universal aim, there is a division regarding the justiciability of second- and third-generation rights, including peace. As a result, there are different justiciability paths for peace. It is suggested that the Inter-American Court of Human Rights concretely pursues implementation of peace through the issuance of non-repetition guarantees addressing structural violence. These orders often face challenges with compliance, thereby demonstrating the fragility of peace in practice. The Court has the possibility of defining the scope of a pro homine quality peace, thereby linking human rights to peace theory as a means of strengthening the value of the decisions.

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Russell Buchan and Nicholas Tsagourias

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Russell Buchan and Nicholas Tsagourias

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Juliet S. Sorensen

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Juliet S. Sorensen

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Juliet S. Sorensen

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Edited by Frank Adamson, Sylvain Aubry, Mireille de Koning and Delphine Dorsi