The Inter-American System of Human Rights

by Harris, David J.; Livingstone, Stephen

• ISBN13: 9780198265528
• ISBN10: 0198265522
• Format: Hardcover
• Copyright: 1998-08-13
• Publisher: Clarendon Press

Summary

This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of theguarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of HumanRights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out atlength and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.

Author Biography

Professor David Harris is Professor of International Law at the University of Nottingham, Dr Stephen Livingstone is a Reader in Law at the same institution.

Table of Contents

List of Contributors	ix	(2)
Table of International Instruments	xi	(8)
Table of Cases	xix	(8)
Note on Abbreviations	xxvii
Chapter 1. Regional Protection of Human Rights: The Inter-American Achievement	1	(30)
DAVID HARRIS
Chapter 2. The Rise of the Inter-American Human Rights Regime: No Longer a Unicorn, Not Yet an Ox	31	(34)
TOM FARER
Chapter 3. The Inter-American Commission on Human Rights: Its Organisation and Examination of Petitions and Communications	65	(50)
CHRISTINA CERNA
Chapter 4. The Role of Country Reports in the Inter-American System of Human Rights	115	(18)
CECILIA MEDINA
Chapter 5. The Operation of the Inter-American Court of Human Rights	133	(18)
ANTONIO AUGUSTO CANCADO TRINDADE
Chapter 6. Reparations in the Inter-American System	151	(22)
DINAH SHELTON
Chapter 7. The Interaction between the Political Actors of the OAS, the Commission and the Court	173	(40)
VERONICA GOMEZ
Chapter 8. The Civil and Political Rights Protected in the Inter-American Human Rights System	213	(76)
SCOTT DAVIDSON
Chapter 9. The Protection of Economic, Social and Cultural Rights under the Inter-American System of Human Rights	289	(34)
MATTHEW CRAVEN
Chapter 10. The Protection of Indigenous Rights in the Inter-American System	323	(22)
HURST HANNUM
Chapter 11. Responses to Amnesties by the Inter-American System for the Protection of Human Rights	345	(26)
ELLEN LUTZ
Chapter 12. States of Emergency in the Inter-American Human Rights System	371	(24)
JOAN FITZPATRICK
Chapter 13. The Inter-American Human Rights System at the Dawn of the New Century: Recommendations for Improvement of its Mechanism of Protection	395	(26)
ANTONIO AUGUSTO CANCADO TRINDADE
Chapter 14. Procedural Shortcomings in the Defense of Human Rights: An Inequality of Arms	421	(20)
JOSE MIGUEL VIVANCO
LISA L. BHANSALI
Select Bibliography	441	(142)
Appendix I. Charter of the OAS	452	(17)
Appendix II. American Declaration of the Rights and Duties of Man	469	(7)
Appendix III. American Convention on Human Rights, and Protocols	476	(31)
Appendix IV. Statute of the Inter-American Commission on Human Rights	507	(7)
Appendix V. Regulations of the Inter-American Commission on Human Rights	514	(23)
Appendix VI. Statute of the Inter-American Court of Human Rights	537	(8)
Appendix VII. Rules of Procedure of the Inter-American Court of Human Rights	545	(17)
Appendix VIII. Signatures and Current Status of Ratifications, American Convention on Human Rights	562	(14)
Appendix IX. Annual and Country Reports of the Inter-American Commission on Human Rights (with citations) and Decisions of the Inter-American Court on Advisory and Contentious Matters	576	(7)
Index	583