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This book offers a thorough, critical, and accessible analysis of
the American Convention on Human Rights which is the main human
rights treaty of the Americas. The authors closely review the
jurisprudence and the binding judgments of the two institutions
charged with interpreting the Convention: The Inter-American Court
of Human Rights and The Inter-American Commission on Human
Rights.They focus on the rights most developed by the Court and
Commission, namely the rights to equality, life, humane treatment,
personal liberty, property, due process and judicial protection, as
well as the freedom of expression and reparations. They examine the
case law with a victim-centered lens while identifying key
jurisprudential developments, discussing critical areas that lack
consistency and rigor, and proposing alternative conceptual
approaches. Each chapter contains an Introduction to compare the
Convention right's formulation with equivalent rights in other
major international and regional treaties; a background section to
consider the right's negotiation history; a Scope of Protection
section to analyze the right's provisions (paragraph-by-paragraph
or topic-by-topic); and lastly, a Limitations section, if
applicable, to study any limitations to the right. In addition, the
book's Introduction presents an up-to-date overview of the dynamic
Inter-American Human Rights System, discussing the System's legal
instruments, major institutions, significant impact, key
developments, and current challenges.
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