Inter-American Commission on Human Rights

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Placing future generations at the heart of Inter-American human rights law?

July 21, 2025

A key aspect of the rich and long-awaited Inter-American Court of Advisory Human Rights Advisory Opinion 32/25 on Climate Emergency and Human Rights (AO-32) is the treatment of future generations (FG) with regard to Inter-American regional human rights protections. (A general discussion of the decision is here). The position of FG and their rights under international human rights law (IHRL) is the subject of growing attention in both scholarly, policy and practice circles and the Advisory Opinion marks an important milestone in this regard. This post will explore the Court’s approach to FG in AO-32, highlighting opportunities taken – and those avoided – in terms of advancing FG rights protection under Inter-American human rights law.  In doing so, it will highlight the Court’s contribution in terms of defining who FG are, outlining the scope of FG rights and associated obligations, and addressing the challenge of balancing FG rights with the potentially conflicting ones of present generations It will also criticise the Court’s apparent reluctance to engage concretely with how FG’s…

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In defense of a human right to democracy: Reflections on the pending Advisory Opinion before the Inter-American Court of Human Rights

July 11, 2025

On the 26th of March of this year the Secretariat of the Inter-American Court of Human Rights (‘IACtHR’ or ‘the Court’) issued a press release communicating the request for an advisory opinion presented by the republic of Guatemala focused on democracy and its protection in the Inter-American human rights system. Throughout their filing, Guatemala explores the…

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Overcoming the Backlog in the Initial Review of Petitions in the Inter-American Commission on Human Rights

October 27, 2023

Human rights systems may be victims of their own success, as they can become dysfunctional under the unbearable weight of their massive caseloads. The Inter-American Commission on Human Rights (Commission or IACHR) has faced this challenge in the past two decades with regard to the enormous backlog of pending applications in the Initial Review, the first phase of…

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Military Courts and Human Rights Violations in Brazil from the Perspective of the Inter-American Human Rights System

June 23, 2023

The Supreme Federal Court of Brazil will soon rule (under a constitutional review case called Ação Direta de Inconstitucionalidade no. 5032, commonly referred to as ADI 5032) whether members of the armed forces that commit crimes against civilians during peacetime should be tried before civilian or military courts. This judgment is critical for Brazil, a country…

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

February 27, 2018

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…

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