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Archive

12 May

Mass Removal of Justice Operators: A Recurring Problem with an Uncertain Response

Leer en español.   In recent years, Latin America has been the scene of various judicial reforms that, under the guise of transforming or strengthening justice systems, have led to the mass dismissal of justice operators. These processes alter the institutional design of the systems, lower retirement ages, establish parallel systems without security of tenure, […]

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16 Abr

Reasoned votes of the members of the IACHR: Comments on Resolution 2/22 and its implementation

This discussion paper analyzes Resolution 2/22 of the Inter-American Commission on Human Rights (IACHR), whose purpose is to clarify the scope of reasoned votes issued by its members. Among other controversial aspects, the resolution authorizes the publication of such votes in country and thematic reports, breaking with decades of institutional practice that had restricted this […]

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7 Abr

Urgent measures and Indigenous peoples’ territorial rights in the Inter- American system

This article examines the criteria of both organs of the Inter-American Human Rights System when deciding on urgent measures in favor of Indigenous peoples, with a special focus on their territorial rights. The article highlights the negative impacts of the Inter-American Commission abandonment of a well-established practice of requesting states to suspend decisions that could […]

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5 Mar

The Inter-American Commission and the praise of dissent

Leer en español.    On August 8, 2022, the Inter-American Commission on Human Rights (IACHR) approved Resolution 2/22, with the aim of regulating the individual votes of its members. Among other controversial aspects, the resolution authorizes the publication of these votes in country and thematic reports, breaking decades of institutional practice that restricted this possibility […]

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11 Nov

Rethinking Justice: How Prosecutors Can Disrupt Criminal Networks

Leer en español.   Organized crime, illicit networks, and corruption are urgent and deeply intertwined challenges affecting many countries. In numerous contexts, government institutions have not only failed to curb the spread of violence and criminality—they have been co-opted or weakened by the very systems they are meant to control. This dynamic, often referred to […]

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21 Oct

Rethinking Law in Times of Climate Tragedy (Part 3)

Leer en español aquí.   The first part of this article reflects on how tragedies resulting from climate change tend to reshape our understanding of law in general and human rights law in particular. The second part discusses some precedents from universal and regional human rights systems, with an emphasis on the main contributions of […]

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21 Jul

Rethinking Law in Times of Climate Tragedy (Part 2)

Leer en español aquí.   The first part of this article addressed the potential impact of climate-change-related tragedies on legal understanding, describing climate obligations derived from comparative constitutional case law and recent rulings by interstate dispute settlement bodies. This second part discusses normative and jurisprudential developments regarding the duty to mitigate and promote climate change […]

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17 Jul

Rethinking Law in Times of Climate Tragedy (Part 1)

Leer en español aquí. Part two of this article is available here.   This article discusses how climate change affects our understanding of law. In the first part, I discuss the work of philosophers like Hegel and Marx, who examined the relationship between tragedy, history, and law. Next, I describe precedents of climate litigation in […]

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17 Sep

Aportes #23: Achievements and Challenges of the Inter-American Human Rights System

The 23rd edition of Aportes comes at a critical moment, as four new judges will be elected to the Inter-American Court of Human Rights and three new commissioners to the Inter-American Commission on Human Rights this coming November. These upcoming challenges in both bodies are significant and call for reflection on the process achieved thus […]

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20 Mar

Anti-Corruption and Human Rights: Breaking Down Silos

Leer en español.   In 2019, the Inter-American Commission on Human Rights (IACHR) published a transcendental report analyzing in depth the link between corruption and human rights. The central conclusion is strong and clear: corruption violates human rights. The Link Between the Fight Against Corruption and the Protection of Human Rights Corruption and human rights […]

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