The Social Rights Jurisprudence in the Inter-American Court of Human Rights
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The Social Rights Jurisprudence in the Inter-American Court of Human Rights

Shadow and Light in International Human Rights

Isaac de Paz González

Working with progressive conceptual categories relating to indigenous property, cultural identity, the right to an adequate standard of living and healthcare, the Inter-American Court of Human Rights continues to build a justiciability to determine the social rights of marginalised individuals and groups in the Americas. In a context of interpretative tensions of the social rights as political goals and direct effects provisions, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to the human rights practice in the Global South.
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Chapter 6: Labour rights: the path to a direct interpretation of Article 26 ACHR

Isaac de Paz González

Abstract

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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