Inter-American Court of Human Rights

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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 Argentina for the violation of the rights of indigenous peoples. The Lhaka Honhat Association demanded the granting of a unique communal property title to the land the 132 indigenous communities have been inhabiting, undisputedly, for at least 400 years. The claim was originally filed in 1991; because of the State’s failure to act, it was brought before the Inter-American Commission of Human Rights (the Commission), which determined in 2012 that the rights of the indigenous communities had been violated. As Argentina did not comply with the Commission’s recommendations, the claim was presented to the Court in 2018. In its recent ruling, the Court held that the indigenous communities have the right to a unique…

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The relationship between domestic and international courts: the need to incorporate judicial politics into the analysis

In the latest issue of EJIL, Raffaela Kunz carefully examines the complex relationship between domestic and international courts in human rights adjudication. Amidst the well-known backlash from governments, she draws attention to the growing resistance of domestic high courts to decisions by their international counterparts as well as the main features of this resistance. Kunz traces how…

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Justiciability of ‘implicit’ rights: Developments on the right to a healthy environment at the Inter-American Court of Human Rights

On 6 February 2020, the Inter-American Court of Human Rights (IACtHR) issued a landmark judgment on the protection of environmental rights as directly justiciable (original in Spanish). For the first time, the IACtHR found state responsibility for violations of the right to a healthy environment, adequate food, water and cultural identity. Such responsibility was based on article…

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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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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…

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