Inter-American Court of Human Rights

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The Inter-American Court’s Advisory Function Continues to Boom – A few comments on the requests currently pending

    Just on the same day that Evo Morales had asked the Bolivians to re-elect him for the fourth time as President, Colombia’s President Iván Duque apparently followed his words with deeds by filing a further request for an advisory opinion to the IACtHR. Already in his opening speech at the occasion of the Court’s last special session held in Colombia this summer, Duque had announced that his government was working on a request asking the Court to clarify whether or not a human right to be re-elected for indefinite terms exists. Then, on the day of the Bolivian elections, it was reported that the request had been submitted. An opinion by the Court contradicting that of the Bolivian Constitutional Court, according to which the possibility to be re-elected indefinitely constitutes a human right, could have destabilized a further Morales government. In light of the most recent events in Bolivia, including the resignation of Morales, the immediate reason for the request seems to be obsolete. But the issue of indefinite…

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Holding States to Account for Gender-Based Violence: The Inter-American Court of Human Rights’ decisions in López Soto vs Venezuela and Women Victims of Sexual Torture in Atenco vs Mexico

In two recent decisions, the Inter-American Court of Human Rights (IACtHR) has affirmed the existing binding obligations of States to address gender-based violence against women by State and non-State actors. The López Soto vs Venezuela decision (published in November 2018) is the IACtHR’s first ruling on State responsibility for acts of sexual torture and sexual slavery by…

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What implementation of judgments looks like – or doesn’t? –: the case of the Molina Theissen family in Guatemala

On 27 September 1981, Emma Molina Theissen, member of the Patriotic Labor Youth, was detained by the armed forces and taken to the “Manuel Lisandro Barillas” Military Barracks (MLB-MB), where she was subjected to psychological and physical torture, including sexual violence. She was deprived of food and water, losing so much weight that, after nine days, on…

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Inter-American Court of Human Rights condemns Venezuelan regime’s political persecution against the opposition in the San Miguel Sosa and others case

The Inter-American Court of Human Rights (hereinafter, IACtHR) published a recent decision (only available in Spanish) in the San Miguel Sosa and others vs. Venezuela case, by means of which it rebuts frequent arguments relied on by the Chavista[d1] –i.e. based on the ideas of former president Hugo Chávez— regime of Nicolás Maduro that label external and foreign…

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Environmental Rights and the Legal Personality of the Amazon Region

There are two recent, noteworthy developments on environmental rights in Latin America. First, an Advisory Opinion of the Inter-American Court of Human Rights (IACtHR), requested by Colombia. Second, a judgment rendered by Colombia’s Supreme Court, interpreting its international obligations. The IACtHR’s Advisory Opinion On 15 November 2017, the IACtHR issued Advisory Opinion OC-23/17,…

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