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Isaac de Paz González

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Isaac de Paz González

This content is available to you

Isaac de Paz González

This chapter deals with current developments and tensions within the Inter-American system. Before embarking in the social rights case law study, the current state of affairs between the IACtHR and ACHR Member States has to be acknowledged. The study of this chapter touches the ‘conventionality control doctrine’, its advantages and defects, rejections and acceptance of the Inter-American jurisprudence, and the current model of interpretation of Article 26 ACHR.

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Isaac de Paz González

This chapter examines the indigenous case law, its basic features and the sui generis theoretical approaches of the IACtHR on the right to property, consultation and cultural identity. The Court has tied civil, political and social rights to protect individuals and collective indigenous communities. According to the interpretation of Article 21 ACHR, property rights are inextricably linked to freedom of beliefs, land tenure, cultural identity, housing, education and so on. In doing so, the IACtHR, practically have deconstructed the puritan analysis of public and private law enshrined in Article 21 ACHR, and combined legal and cultural categories to shape a new dimension of collective property.

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Isaac de Paz González

Chapter three studies the cases related to vulnerable children and their inhumane living conditions. From the early day’s jurisprudence to the contemporary age, the IACtHR has taken concrete steps to strengthen children’s rights creating the concept of ‘decent life’. Departing from personal integrity, access to justice and the right to life, the Court has focused the Member States’ failures to comply children’s basic needs, such as healthcare, education, housing, family income and the right to a decent and peaceful life.

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Isaac de Paz González

Chapter four presents the case-law of the right to health and vulnerable groups. This part highlights different methods articulated by the IACtHR to protect the right to health in conjunction with the right to life, non-discrimination access to justice and personal integrity. The Inter-American judgments on health have addressed two main theoretical foundations: i) responsibilities for private actors providing health services and, ii) the articulation of the ESR doctrine. This chapter, however, exposes that constitutional law provides specific rights and remedies to regulate public and private activity on health rights.

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Isaac de Paz González

This chapter captures the core debate of Article’s 26 ACHR interpretation. The chapter discuss the historical approaches on Article 26 direct interpretation/application. The current stage of Article’s 26 ACHR direct interpretation can be seen in Lagos del Campo v. Peru [2017] and Dismissed Employees of Petroperú et al. v. Peru [2017], in which the court: a) declared violated Article 26 ACHR, b) recognised the interdependence of the right to work, access to justice and judicial protection in both public and private spheres. Both cases represent the cornerstone of the direct effect doctrine of ESR proposed by Judge Eduardo Ferrer Mac-Gregor.

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Isaac de Paz González

Chapter six addresses an innovative theoretical approach on ESR in the IACtHR: the possibility to judge poverty as a form of discrimination. In the case of Hacienda Brazil Verde v. Brazil, the court adopts a position on structural discrimination and contemporary slavery. This chapter also provides evidence of different courts (whether domestic or regional) and methods of civil, criminal and human rights law to punish slavery, human trafficking and poverty. The aim of this part of the book is to expose that legal intervention is essential to take structural discrimination and poverty as a matter of justiciability, whether in domestic, regional and international arenas.

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Isaac de Paz González

Contemporary slavery is one of the most concerning and harming issues on the global human rights agenda. UN data establishes that 40 million ‘people around the world were victims of modern slavery, forced labour and forced marriage, revealing the true scale of such practices that disproportionately affect women and girls’.

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Isaac de Paz González

Several conclusions follow from the foregoing chapters. I will refer to some overall insights and then will analyse each chapter’s highlights.