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Doctrine, Practice, and Advocacy in the Inter-American Human Rights System (Hardcover)
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Doctrine, Practice, and Advocacy in the Inter-American Human Rights System (Hardcover)
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Doctrine, Practice and Advocacy in the Inter-American Human Rights
System is the first casebook to focus on the Inter-American human
rights system, the primary system for advancing and protecting
rights in the Western hemisphere. Created by the Organization of
American States, the Inter-American Commission on Human Rights and
the Inter-American Court of Human Rights are autonomous and
independent bodies that make up the Inter-American system.
Together, they play a vital role, working closely with victims,
civil society, and states to protect fundamental human rights in
the Western hemisphere, particularly in Latin America. While the
system is relatively unknown in legal academia in the United States
and Canada, its study is mandatory in most law schools in the
Americas. Government appointees, civil servants, high level actors,
private attorneys, judges and legal scholars, and media regularly
engage with the system in Latin America, implementing its
determinations and applying its rulings and interpretations
concerning the human rights of their citizens. Thus critical
matters affecting vital rights, such as the peace process in
Colombia, disappearances in Mexico, gang violence in the Northern
Triangle (El Salvador, Honduras, and Guatemala) or trials for
perpetrators of crimes against humanity in Argentina, all directly
involve the rulings and actors of the Inter-American system.
Increasingly, the Inter-American system has advanced rights
protection in the United States and Canada. The statements and
determinations of the Inter-American Commission on the detention
center at Guantanamo, for example, led to a global consensus
opposing the prolonged use of pretrial detention at that site,
while the Commission's ruling on the juvenile death penalty was
cited by the United States Supreme Court in its holding finding
that practice unconstitutional. A report by the Commission on
murdered and missing indigenous women in British Columbia led to
the creation of a National Commission of Inquiry on the subject by
Canada. This book provides analysis on a wide range of practical
issues that advocates face when interacting with the Commission or
Court and explores current debates on possible reforms of the
system. At the same time, it provides materials that consider the
political dynamics that empower and constrain the system. Doctrine,
Practice and Advocacy in the Inter-American Human Rights System
takes as its point of departure a critical look at the real-world
successes and failures of the system and human rights advocates in
the Americas, including the tensions and trade-offs commonly
confronted by activists as they seek to advance human rights.
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