“…However, compliance with IAHRS' decisions has generally been low. Governments have often refused to abide by or altogether ignored the rulings and orders, which can be seen as undermining their legitimacy and authority (Engstrom, 2017). Sometimes, governments comply with some of the requirements but not all of them, amounting to what has been called a 'compliance crisis' (Engstrom, 2017).…”
Section: The Iahrs As An Avenue For Advancing the Protection Of 'Green' Rightsmentioning
confidence: 99%
“…Governments have often refused to abide by or altogether ignored the rulings and orders, which can be seen as undermining their legitimacy and authority (Engstrom, 2017). Sometimes, governments comply with some of the requirements but not all of them, amounting to what has been called a 'compliance crisis' (Engstrom, 2017). However, the number of complaints submitted to the system continues to grow steadily over the last two decades, indicating a sort of validation on the side of those whose rights are being violated (Engstrom, 2017).…”
Section: The Iahrs As An Avenue For Advancing the Protection Of 'Green' Rightsmentioning
confidence: 99%
“…Sometimes, governments comply with some of the requirements but not all of them, amounting to what has been called a 'compliance crisis' (Engstrom, 2017). However, the number of complaints submitted to the system continues to grow steadily over the last two decades, indicating a sort of validation on the side of those whose rights are being violated (Engstrom, 2017). Despite this apparent paradox, the IAHRS has nonetheless contributed greatly to the development of human rights standards by incorporating a wide range of human rights norms and increasingly expanding the set of human rights issues (Engstrom, 2017).…”
Section: The Iahrs As An Avenue For Advancing the Protection Of 'Green' Rightsmentioning
confidence: 99%
“…However, the number of complaints submitted to the system continues to grow steadily over the last two decades, indicating a sort of validation on the side of those whose rights are being violated (Engstrom, 2017). Despite this apparent paradox, the IAHRS has nonetheless contributed greatly to the development of human rights standards by incorporating a wide range of human rights norms and increasingly expanding the set of human rights issues (Engstrom, 2017). Both the Court, through its progressive jurisprudence, and the IACHR, through its thematic reports and policy guidelines, as well as the IAHRS' accountability functions, have contributed to human rights standards in the region, thus becoming a central reference (Engstrom, 2017).…”
Section: The Iahrs As An Avenue For Advancing the Protection Of 'Green' Rightsmentioning
confidence: 99%
“…Despite this apparent paradox, the IAHRS has nonetheless contributed greatly to the development of human rights standards by incorporating a wide range of human rights norms and increasingly expanding the set of human rights issues (Engstrom, 2017). Both the Court, through its progressive jurisprudence, and the IACHR, through its thematic reports and policy guidelines, as well as the IAHRS' accountability functions, have contributed to human rights standards in the region, thus becoming a central reference (Engstrom, 2017). Additionally, the IAHRS' impact can be seen through the increasing insertion of the system into domestic policy, legislative and judicial debates across the region, 94 which also relates to the fact that it can be used as a means for pressuring states to change domestic political and legal frameworks that conflict with human rights standards (Engstrom 2017) With that in mind, IAHRS progressive jurisprudence regarding green rights could help advance the protection of these rights in a post-pandemic scenario.…”
Section: The Iahrs As An Avenue For Advancing the Protection Of 'Green' Rightsmentioning
Latin America is often considered the world’s most unequal region. This inequality is not limited to socioeconomic differences; it is also seen through discrepancies in access to nature, land, and natural resources. The Covid-19 pandemic has intensified existing vulnerabilities felt by communities, especially susceptible to environmental degradation through furthering their socioeconomic disadvantage. Faced with challenges related to the national implementation of certain rule of law concepts and practices, and the lack of access to sufficient domestic remedies, regional plaintiffs have often reached out to the Inter-American system as an arbiter for human rights abuses. Recent jurisprudence of both the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights has broadened the scope of recognized rights infringed by State Parties to the Inter-American human rights system, particularly in fields relating to environmental issues, natural resource rights and the rights of vulnerable and marginalized communities. Critical to this is the Inter-American Court’s development of the inter-dependence of green human rights in Indigenous cases. Set against this backdrop, the Covid-19 pandemic provides an opportunity to analyze existing and evolving legal trends, giving the Inter-American human rights system fertile ground to address emerging legal topics on human rights and the environment. This article addresses this evolving jurisprudence, using recent cases brought to the Commission’s attention as case studies on the development of this relationship.
“…However, compliance with IAHRS' decisions has generally been low. Governments have often refused to abide by or altogether ignored the rulings and orders, which can be seen as undermining their legitimacy and authority (Engstrom, 2017). Sometimes, governments comply with some of the requirements but not all of them, amounting to what has been called a 'compliance crisis' (Engstrom, 2017).…”
Section: The Iahrs As An Avenue For Advancing the Protection Of 'Green' Rightsmentioning
confidence: 99%
“…Governments have often refused to abide by or altogether ignored the rulings and orders, which can be seen as undermining their legitimacy and authority (Engstrom, 2017). Sometimes, governments comply with some of the requirements but not all of them, amounting to what has been called a 'compliance crisis' (Engstrom, 2017). However, the number of complaints submitted to the system continues to grow steadily over the last two decades, indicating a sort of validation on the side of those whose rights are being violated (Engstrom, 2017).…”
Section: The Iahrs As An Avenue For Advancing the Protection Of 'Green' Rightsmentioning
confidence: 99%
“…Sometimes, governments comply with some of the requirements but not all of them, amounting to what has been called a 'compliance crisis' (Engstrom, 2017). However, the number of complaints submitted to the system continues to grow steadily over the last two decades, indicating a sort of validation on the side of those whose rights are being violated (Engstrom, 2017). Despite this apparent paradox, the IAHRS has nonetheless contributed greatly to the development of human rights standards by incorporating a wide range of human rights norms and increasingly expanding the set of human rights issues (Engstrom, 2017).…”
Section: The Iahrs As An Avenue For Advancing the Protection Of 'Green' Rightsmentioning
confidence: 99%
“…However, the number of complaints submitted to the system continues to grow steadily over the last two decades, indicating a sort of validation on the side of those whose rights are being violated (Engstrom, 2017). Despite this apparent paradox, the IAHRS has nonetheless contributed greatly to the development of human rights standards by incorporating a wide range of human rights norms and increasingly expanding the set of human rights issues (Engstrom, 2017). Both the Court, through its progressive jurisprudence, and the IACHR, through its thematic reports and policy guidelines, as well as the IAHRS' accountability functions, have contributed to human rights standards in the region, thus becoming a central reference (Engstrom, 2017).…”
Section: The Iahrs As An Avenue For Advancing the Protection Of 'Green' Rightsmentioning
confidence: 99%
“…Despite this apparent paradox, the IAHRS has nonetheless contributed greatly to the development of human rights standards by incorporating a wide range of human rights norms and increasingly expanding the set of human rights issues (Engstrom, 2017). Both the Court, through its progressive jurisprudence, and the IACHR, through its thematic reports and policy guidelines, as well as the IAHRS' accountability functions, have contributed to human rights standards in the region, thus becoming a central reference (Engstrom, 2017). Additionally, the IAHRS' impact can be seen through the increasing insertion of the system into domestic policy, legislative and judicial debates across the region, 94 which also relates to the fact that it can be used as a means for pressuring states to change domestic political and legal frameworks that conflict with human rights standards (Engstrom 2017) With that in mind, IAHRS progressive jurisprudence regarding green rights could help advance the protection of these rights in a post-pandemic scenario.…”
Section: The Iahrs As An Avenue For Advancing the Protection Of 'Green' Rightsmentioning
Latin America is often considered the world’s most unequal region. This inequality is not limited to socioeconomic differences; it is also seen through discrepancies in access to nature, land, and natural resources. The Covid-19 pandemic has intensified existing vulnerabilities felt by communities, especially susceptible to environmental degradation through furthering their socioeconomic disadvantage. Faced with challenges related to the national implementation of certain rule of law concepts and practices, and the lack of access to sufficient domestic remedies, regional plaintiffs have often reached out to the Inter-American system as an arbiter for human rights abuses. Recent jurisprudence of both the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights has broadened the scope of recognized rights infringed by State Parties to the Inter-American human rights system, particularly in fields relating to environmental issues, natural resource rights and the rights of vulnerable and marginalized communities. Critical to this is the Inter-American Court’s development of the inter-dependence of green human rights in Indigenous cases. Set against this backdrop, the Covid-19 pandemic provides an opportunity to analyze existing and evolving legal trends, giving the Inter-American human rights system fertile ground to address emerging legal topics on human rights and the environment. This article addresses this evolving jurisprudence, using recent cases brought to the Commission’s attention as case studies on the development of this relationship.
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