OUVRAGE : A. von Bogdandy, F. Piovesan, E. Ferrer Mac-Gregor, M. Morales Antoniazzi (eds.), The Impact of the Inter-American Human Rights System, Transformations on the Ground

Armin VON BOGDANDY, Flávia PIOVESAN, Eduardo Ferrer MAC-GREGOR, Mariela Morales ANTONIAZZI

The Inter-American System of Human Rights (IASHR) is certainly a source of innovation in human rights law and policy. However, uncertainty reigns over its true legal, political, and social effects as many decisions face serious problems of compliance. To better grasp the System's effects, this book broadens the focus from compliance to impact as the key criterion of effectiveness. Thus, The Impact of the Inter-American Human Rights System: Transformations on the Ground can reveal the IASHR's deep and multifaceted effects, not least by embedding a common law of human rights.

Outlining the IASHR's historic path and contemporary practice, this book shows legal, political, and social effects with respect to the main problems that trouble the Americas. Though most of these certainly continue to exist, the System is having a transformative impact on them on the ground, though with huge differences between issues and countries. These achievements as well as the variations should be of interest to academics, judges, and policymakers in Latin America as well as other regions undergoing similar stress, such as Central and Eastern Europe or Africa.

The Impact of the Inter-American Human Rights System brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic and critical analysis of the impact of the IASHR in the various fields of its activity. These include issues of internal conflicts, transition to democracy, rights of vulnerable groups, social rights, the environment, digital rights, and the accountability of private actors. The book also offers evidence-based proposals to further enhance the transformative impact of the Inter-American System that could be taken up by courts and policymakers at the national, Inter-American, and global levels.

TABLE OF CONTENTS

List of Contributors
Introduction, Armin von Bogdandy, Flávia Piovesan, Eduardo Ferrer Mac- Gregor, Mariela Morales Antoniazzi

 

PART I
FRAMING THE IMPACT OF THE INTER-AMERICAN SYSTEM

I.1 Armin von Bogdandy, René Urueña, Inducing Compliance as a Transformative Process: The Bright Side of a Dismal Record
I.2 Claudio Grossman, Protecting Human Rights in the Americas: The Continuous Role of the Inter- American Commission on Human Rights
I.3 Mariela Morales Antoniazzi, Flávia Piovesan, Júlia Cortez da Cunha Cruz, Inter- American Human Rights System: Sociopolitical, Institutional, and Cultural Dimensions of Its Transformative Impact
I.4 Rainer Grote, Current Issues and Common Challenges for the Protection of Human Rights in Europe, the Americas, and Africa
I.5 Par Engstrom, The Impact of the Inter-American Human Rights System beyond Latin America
I.6 Miriam Lorena Henríquez Viñas, José Ignacio Núñez Leiva, Conventionality Control: An Expression of the Basic Elements of the Judicial Function
I.7 Gabriela C.B. Navarro, Effectiveness of International Courts: From Compliance to Transformative Impact
I.8 Clara Burbano- Herrera, Yves Haeck, The Use of Transformative Provisional Measures by the Inter- American Court of Human Rights: Toward a Tangible Impact
I.9 Mayra Ortiz Ocaña, Aníbal Pérez- Liñán, Transformative Impact: A Framework for Analysis
I.10 René Urueña, Stephania Yate Cortes, Creating the Narrative of Human Rights Impact in Latin America

PART II.
IMPACT AND INTER-AMERICAN STANDARDS

II.1 Eduardo Ferrer Mac-Gregor, Impact of the Inter- American Jurisprudence on Economic, Social, Cultural, and Environmental Rights
II.2 Henry Jiménez Guanipa, María Barraco, The Inter- American Human Rights System's Impact on the Protection of the Right to a HealthyEnvironment
II.3 Antonia Urrejola, Elsy Curihuinca Neira, Indigenous Rights in the Inter- American System: The Application of Precautionary Measures from a Culturally Appropriate Perspective
II.4 Julissa Mantilla Falcón, The Inter- American Human Rights System and Its Impact on the Human Rights of Women: The Issue of Sexual Violence
II.5 Silvia Serrano Guzmán, The Transformative Impact of the Artavia Murillo Case on In Vitro Fertilization
II.6 Chris Esdaile, Clara Sandoval, Alejandra Vicente, with Renata Politi, Nataly Sanchez, The Impact beyond Compliance of the Case of Azul Rojas Marin: Reflections around Strategic Litigation and the Inter- American Human Rights System
II.7 Mary Beloff, The Rights of the Child According to the Inter-American Court of Human Rights: A Latin American Translation
II.8 Aída Díaz-Tendero, The Riffo- Salinas Case: Human Rights of Older Persons Consolidated in the Inter- American System
II.9 Elizabeth Salmón, Cécile Blouin, The Standards of the Inter- American Human Rights System regarding Migration and Its Impact on the Region's States
II.10 Melina Girardi Fachin, The Human Right to Defend Human Rights in the Inter- American System: Normative Enforcement and Transformative Impact of the Case of Escaleras Mejía and Others v. Honduras
II.11 Christina Binder, The Inter- American Human Rights System's/ ICCAL's Impact on Transitions to Democracy from the Perspective of Transitional Justice
II.12 Oscar Parra Vera, Impact of the Inter- American Human Rights System in the Struggle against Impunity
II.13 Carlos Ayala Corao, The Independence of Justice as a Human Right and an International Obligation in Inter- American Jurisprudence
II.14 Catalina Botero-Marino, Freedom of Expression: Inter- American Standards and Their Transformative Impact
II.15 Edison Lanza, Impact of the IAHRS Principles on Freedom of Expression and the Need for Their Expansion in the Digital Age: Challenges to the IAHRS Principles on Freedom of Expression in the Digital Age

PART III
OPTIMIZING THE IMPACT OF THE INTER-AMERICAN SYSTEM

III.1 Joel Hernandez García, Proposals for the Improvement of the Work of the Inter- American Commission on Human Rights
III.2 Pablo Saavedra Alessandri, A Broader Look at the Transformative Impact of the Inter- American Court of Human Rights' Decisions
III.3 Aníbal Pérez- Liñán, Kelly Morrison, Luis L. Schenoni, Addressing Conceptual Challenges: Compliance and Impact
III.4 Viviana Krsticevic, René Urueña, Transformative Impact of the Inter- American Human Rights System: A Methodology to Think beyond Compliance
III.5 Katya Salazar, Daniel Cerqueira, Strategies of the Due Process of Law Foundation for the Promotion of New Standards and Expansion of the Impact of the Inter- American Human Rights System
III.6 Gabriela Kletzel, Activism Strategies Involving the Inter- American System: Reflections for the Field of Action and Perspectives from National Human Rights Organizations

Conclusion, Armin von Bogdandy, Flávia Piovesan, Eduardo Ferrer Mac-Gregor, and Mariela Morales Antoniazzi

Index 

 

Armin von BOGDANDY, Flávia PIOVESAN, Eduardo Ferrer MAC-GREGOR, Mariela Morales ANTONIAZZI (eds.), The Impact of the Inter-American Human Rights System: Transformations on the Ground, Oxford, Oxford University Press, 2024 (704 pp.)