The Inter-American Court of Human Rights: Beyond Progressivity
Files
Description
Published as Chapter 19 in Social Rights Jurisprudence: Emerging Trends in Comparative and International Law, Malcolm Langford, ed.
This book chapter critically assesses the emerging social rights jurisprudence of the Inter-American Court of Human Rights as it has developed to date. It describes the normative framework over which the Court exercises jurisdiction, the complaints procedure it oversees, and the legal obligations that OAS member states assume with respect to the protected rights enshrined in the region's instruments. It then assesses four of the normative axes on which the Court has jurisprudentially relied in protecting social rights and looks to the Court's rich jurisprudence on reparation and supervision of compliance with its decisions. The chapter concludes that the Court's social rights jurisprudence is commendable and requires expansion, but doing so will require the reversal of two troubling, closely-related trends that currently limit the vast potential of the Court to provide full and effective protection for all human rights.
Publication Date
2009
Publisher
Cambridge University Press
City
New York
ISBN
9780521860949
First Page
372
Last Page
408
Keywords
international adjudication, human rights, supranational tribunals, inter-American system, social rights, cultural rights, economic rights, justiciability rules
Disciplines
Human Rights Law | International Law | Law
Recommended Citation
Tara J. Melish, The Inter-American Court of Human Rights: Beyond Progressivity in Social Rights Jurisprudence: Emerging Trends in Comparative and International Law 372 (Malcolm Langford, ed., Cambridge University Press 2008)
Comments
This record does not contain full text. If available, click on the "DOI" link to see where the full text of the item is located. If you are a UB student, or faculty or staff member and unable to access the full text at the link, try searching for the item in Everything Search (https://search.lib.buffalo.edu/discovery/search?vid=01SUNY_BUF:everything). If not available, request via Delivery+ (https://library.buffalo.edu/delivery/).