The American Convention on Human Rights: Essential Rights

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Oxford University Press, 2017 - Law - 432 pages
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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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Contents

1 Introduction
1
2 Equality
31
3 Life
55
4 Humane Treatment
101
5 Personal Liberty
139
6 Due Process and Judicial Protection
171
7 Freedom of Expression
229
8 Property
263
9 Reparations
285
List of InterAmerican Court Judgments by American Convention Article Articles 226
317
Index
405
Copyright

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About the author (2017)


Thomas M. Antkowiak is an Associate Professor of Law and Director of the Latin America Program at Seattle University School of Law, where he teaches international human rights, international law, and the international human rights clinic. Professor Antkowiak has litigated several matters before the Inter-American Commission and the Inter-American Court; he also served as a senior attorney at the Court. He has published numerous works on the Inter-American Human Rights System, including articles in leading international legal journals and an edited book. He received his law degree from Columbia Law School, and his undergraduate degree from Harvard University.

Alejandra Gonza is Director of the International Human Rights Clinic at the University of Washington School of Law, and has significant experience in the Inter-American System. She served as a senior attorney at the Inter-American Commission and the Inter-American Court. She has published on freedom of expression, indigenous rights, property rights, and corporations in the Inter-American System. An Argentine lawyer, she received her law degree from Tucuman University (Argentina), and her master's degree in human rights from Pontifical University of Salamanca (Spain).

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