American Convention on Human Rights

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Nicaragua: Expatriation as an Aggravated Form of Political Persecution

In an unprecedented move in the modern history of international law, Nicaragua has stripped more than 300 dissident citizens of their nationality in the last two weeks. 222 of these citizens were deported to the United States on 9 February (see here), with the Managua Appeals Court (Tribunal de Apelaciones) removing their nationality the day after (see here), i.e. after the fact. Other 94 citizens, most of them already in exile, have been the object of a similar judicial farce which culminated in a decision of the same Court on 15 February (for the surreal appearance of Presiding Judge Ernesto Rodríguez Mejía see a 7 min video here; for the official website of the judiciary see here). In a spontaneous show of solidarity Spain, now followed by two Latin American States (Argentina, Chile), offered these persons their nationality (see here and here). Political persecution by a family-run dictatorship The General Secretariat of the…

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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…

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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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