American Convention on Human Rights

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State and Corporate Homophobia: A Commentary on the Olivera Fuentes v. Peru case

August 21, 2023

Carlos J. Zelada

On 11 April 2023, the Inter-American Court of Human Rights (“the Court”) published its long-awaited ruling in the Olivera Fuentes v. Peru case. The decision holds personal significance to Crissthian Olivera, a pioneering defender of LGBTIQ+ rights in Latin America, as it was the culmination of a 19-year journey to deliver justice following discrimination he faced due to his sexual orientation and gender expression. The case addressed three pivotal issues under the American Convention on Human Rights (“the American Convention”): (i) the use of homophobic stereotypes in domestic rulings, (ii) the burden of proof for victims of discrimination by private actors, and (iii) the scope of anti-discrimination obligations for corporations. It should also be noted that this is the first of the Court’s ten decisions on the subject to adopt the expanded acronym LGBTIQ+. Prior to this case, the Court’s preferred acronym was LGBTI. The facts On 11 August 2004, Olivera and his partner were seated in a supermarket cafeteria in…

25 Years after the Adoption of the ILO 1998 Declaration on Fundamental Principles and Rights at Work: What is New in the Human Rights Turn in Labour Law?

July 4, 2023

Julieta Lobato

June 2023 marked the 25th anniversary of the adoption of the ILO 1998 Declaration of Fundamental Principles and Rights at Work (the Declaration). The Declaration has been a catalyst for intense discussions and has wielded significant influence, within and beyond the ILO. This post explores the most notable impacts of the Declaration, spanning from its…

Manuela et al. v. El Salvador: The Pitfalls of a Landmark Case for Reproductive Justice from a Torture Perspective

June 27, 2023

María Fernanda Perico

María Camila Castellanos

On November 30, 2021, the Inter-American Court of Human Rights (IACtHR) published its judgment in Manuela et al v. El Salvador. The case concerned El Salvador’s responsibility for the arbitrary detention, torture, and conviction of a woman who experienced an obstetric emergency and lost her pregnancy in 2008. The dispute took place in the context…

What’s at Stake in the Abortion Case Before the Inter-American Court of Human Rights?

March 16, 2023

Alicia Ely Yamin

Sabrina Ochoa

El Salvador’s punitive treatment of women through its absolute criminalization of abortion will come under scrutiny by the Inter-American Court of Human Rights (the “Court”) on March 22-23, in a case involving the state’s treatment of a woman in need of a life-saving abortion. Beatriz was a young woman from the impoverished state of Usulután,…

Another Advisory Opinion on the Climate Emergency? The Added Value of the Inter-American Court of Human Rights

March 2, 2023

Juan Auz

Thalia Viveros-Uehara

The highest human rights tribunal in the Americas, the Inter-American Court of Human Rights (IACtHR), sits in Costa Rica’s capital San Jose, part of a region significantly exposed and vulnerable to climate impacts. If the global temperature continues to rise due to greenhouse gas (GHG) emissions that remain trapped in the atmosphere, enjoying the whole…

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Beyond “Good Neighborliness” in the ICJ 1 October 2018 Judgment in Bolivia v. Chile: Do Human Rights and Sustainable Development Obligate Creating Negotiated Access for Landlocked Bolivia to the Pacific Ocean?

October 4, 2018

Diane Desierto

On 1 October 2018, the International Court of Justice issued its Judgment on the Merits in Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile), finding, by 12 votes to 3, that Chile "did not undertake a legal obligation to negotiate sovereign access to the Pacific Ocean" for Bolivia and rejecting all other submissions of Bolivia. While…

The Successes and Challenges for the European Court, Seen from the Outside

May 14, 2014

Laurence Helfer

Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law and Co-director of the Center for International and Comparative Lawat Duke University. Cross-posted on AJIL Unbound. In this post I wish to address the successes and challenges for the European Court of Human Rights (ECtHR), as…

The IACtHR Advisory Opinion: one step forward or two steps back for LGBTI rights in Costa Rica?

February 27, 2018

Elena Abrusci

On 9th January 2018, the IACtHR issued Advisory Opinion No. 24 on gender identity, equality and non-discrimination for same-sex couples, a ground-breaking decision for the advancement of LGBTI rights in the Americas. However, the adverse effect it had on the recent presidential elections in Costa Rica may jeopardise this achievement. The Advisory Opinion was requested by…

Human Rights and the Protection of the Environment: The Advisory Opinion of the Inter-American Court of Human Rights

February 26, 2018

Giovanny Vega-Barbosa

Lorraine Aboagye

On 7 February 2018, the Inter-American Court of Human Rights (the Court, IACtHR) issued the much awaited advisory opinion (A/O) concerning the obligations of States Parties to the American Convention on Human Rights (American Convention, ACHR) in respect of infrastructural works creating a risk of significant environmental damage to the marine environment of the Wider Caribbean Region.