The rights of indigenous peoples in the jurisprudence of the Inter-American Court of Human Rights

Carrasco, Salvador Herencia

doi:10.4324/9781315189925-8

Cited by 2 publications

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“…During the friendly settlement proceedings, the states of Argentina, Brazil, Honduras, and Panama hesitated to accept their duty to protect the right of Indigenous peoples to enjoy and use of natural resources to which they have traditionally had access such as rivers, lakes, beaches, coastal seas and hydrobiological resources when these were in areas not exclusively occupied by Indigenous communities. Subsequently, the abovementioned judgments established this international obligation, further developing the I/A Court H. R.’s jurisprudence on the matter (Herencia-Carrasco, 2018).…”

Section: Findings: Timeframes In Judgments and Supervision Of Complia...mentioning

confidence: 99%

From terra nullius to Indigenous collective land rights: cases before the Inter-American Court of Human Rights

Vivas-Barrera

Quintero-Sánchez

Pérez-Salazar

2023

AlterNative: An International Journal of Indigenous Peoples

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Since 2001, the Inter-American Court of Human Rights has issued 14 sentences requiring the states to protect collective land ownership rights of Indigenous peoples and tribal groups that descend from the syncretism of Indigenous and African peoples. The objective is to assess the level of compliance of international responsibilities by offending states and the main difficulties that have hindered the process up to now. An initial set of typologies of the outcomes is presented, together with some general patterns concerning the challenges that remain for the effective legal protection of collective land ownership rights in Central and South America. Findings are based on the analysis of the documentation produced by the Court concerning these cases. Presently, Nicaragua is the only state that has completely fulfilled its orders.

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Section: Findings: Timeframes In Judgments and Supervision Of Complia...mentioning

confidence: 99%

From terra nullius to Indigenous collective land rights: cases before the Inter-American Court of Human Rights

Vivas-Barrera

Quintero-Sánchez

Pérez-Salazar

2023

AlterNative: An International Journal of Indigenous Peoples

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Corruption and Human Rights in the Case Law of Inter-American Human Rights Treaty Bodies

Lis

2022

RECL

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The first attempts to combat corruption date back to ancient times and had mainly moral connotation. Despite being an old phenomena, nowadays it takes new shapes and becomes a more common feature of social life, especially in the Latin America region. Corruption is a complex, and multidimensional phenomenon that negatively impacts human rights on many levels. Therefore, serious effort have long been made at global, regional and state levels to combat corruption. The United Nations and regional organizations have adopted numerous non-binding and binding documents with a view to stifling this phenomenon but none of them refer to the issue of impact of corruption on human rights. But it should be stressed that it is very hard to establish a link between corruption and human rights violations. Some efforts has been made by the Inter-American Court of Human Rights (IACHR) and the Inter-American Commission on Human Rights (IAComHR). This article considers whether and how the IACHR and the IAComHR establish the link between corruption and violation of human rights in the inter-American system. It also determines which groups of people are, according the IACHR and the IAComHR, particularly affected by corruption, what measures should be taken to protect those exposed to acts of corruption, what obligations are incumbent on States with a view to preventing, combating and eradicating corruption.

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The rights of indigenous peoples in the jurisprudence of the Inter-American Court of Human Rights

Cited by 2 publications

References 0 publications

From terra nullius to Indigenous collective land rights: cases before the Inter-American Court of Human Rights

From terra nullius to Indigenous collective land rights: cases before the Inter-American Court of Human Rights

Corruption and Human Rights in the Case Law of Inter-American Human Rights Treaty Bodies

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