American Convention on Human Rights

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The Inter-American Court of Human Rights and the Quest for Equality: The Fireworks Factory case

On 26 October 2020, the Inter-American Court of Human Rights (IACtHR) published its judgment in the Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus and their Families v. Brazil (Fireworks Factory case). The dispute concerned the Brazilian state's responsibility for the events surrounding an explosion in a fireworks factory in the town of Santo Antônio de Jesus, in the north-eastern region of the country, on 11 December 1998. Sixty people died in the explosion, among them forty women and twenty children, and six survived. Brazil was held responsible for a series of violations related to its having failed to regulate, supervise, and address the factory's extremely unsafe working conditions. This entry will focus on the IACtHR's findings concerning the right to equal protection of the law (Article 24 of the American Convention on Human Rights) and the respective reparations ordered—implementing a socioeconomic development program for the town's inhabitants. Firstly, we will discuss the novel way in which the IACtHR interpreted the content of the right to…

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The Lhaka Honhat Case Of The Inter-American Court Of Human Rights: The Long-Awaited Granting Of 400,000 Hectares Under Communal Property Rights

On 6 February 2020, the Inter-American Court of Human Rights (the Court) delivered a judgment in which it declared the international responsibility of the Argentine Republic for the violation of diverse rights of 132 indigenous communities of the Salta province, organised under the Lhaka Honhat Association. This is the first time the Court has condemned…

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We Can’t Breathe: UN OHCHR Experts Issue Joint Statement and Call for Reparations

No one on this planet could have failed to see the 8 minutes and 46 seconds in which George Floyd was killed. The United States signed the International Covenant on the Elimination of All Forms of Racial Discrimination in 1966, ratifying the same in 1994.  Article 2 of ICERD contains fundamental obligations assumed by parties to…

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Discriminatory torture of an LGBTI person: landmark precedent set by the Inter-American Court (Azul Rojas Marín and Another v. Peru)

In the midst of the coronavirus crisis, the Inter-American Court of Human Rights (IACtHR) has issued a landmark judgment in the case of Azul Rojas Marín and Another v. Peru, enhancing the rights of LGBTI persons, and setting new standards with the potential to reduce the levels of violence suffered by this group both within…

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How to Protect Human Rights in Times of Corona? Lessons from the Inter-American Human Rights System

The American Convention on Human Rights (ACHR) has weathered many storms in its fifty years of existence. However, the challenges which arise from the Corona pandemic are unprecedented, also for the Inter-American human rights system. With many of its political and economic systems already under strain, the pandemic will have severe consequences on the enjoyment of civic freedoms…

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