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Expanding the boundaries of international human rights law. The systemic approach of the Inter-American Court of Human Rights

Fuentes, Alejandro LU (2018) ESIL Annual Conference
Abstract
The Inter- American Court of Human Rights has developed an interpretative approach in the recent years that considers all international instruments that deliver protection to human beings as part of the same legal system, that is, the corpus juris of international human rights law. Consequently, different branches of international law, such as international humanitarian law, refugee law, consular relations and –of course– human rights law, have been interpreted and implemented as part of the same undivided and unique legal system that provides protection to individuals against arbitrariness and potential abuses attributable to States. This paper critically analyses and deconstructs the interpretative methods used by the Inter-American... (More)
The Inter- American Court of Human Rights has developed an interpretative approach in the recent years that considers all international instruments that deliver protection to human beings as part of the same legal system, that is, the corpus juris of international human rights law. Consequently, different branches of international law, such as international humanitarian law, refugee law, consular relations and –of course– human rights law, have been interpreted and implemented as part of the same undivided and unique legal system that provides protection to individuals against arbitrariness and potential abuses attributable to States. This paper critically analyses and deconstructs the interpretative methods used by the Inter-American Court of Human Rights in its contentious and advisory jurisdictions. It focuses on how this Court has broadened or expanded the scope of protection afforded in international human rights instruments and norms by interpreting them under the light of the principle pro homine, which allocates the human person at the centre of international law. In this sense, this paper endeavours to contribute to a better understanding of international human rights law by means of unveiling the interpretative steps taken by the Inter-American Court in its efforts towards the humanization of contemporary international law. (Less)
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author
organization
publishing date
type
Contribution to conference
publication status
published
subject
keywords
Human Rights, Inter-American Court of Human Rights, judicial interpretation, corpus juris, principle pro homine, humanization of International Law
pages
40 pages
conference name
ESIL Annual Conference
conference location
Naples, Italy
conference dates
2017-09-06 - 2017-09-09
language
English
LU publication?
yes
id
84aad6ea-a6bb-43a7-b565-754bce73f327
alternative location
https://ssrn.com/abstract=3163088
date added to LUP
2018-04-20 08:36:54
date last changed
2018-11-21 21:39:26
@misc{84aad6ea-a6bb-43a7-b565-754bce73f327,
  abstract     = {The Inter- American Court of Human Rights has developed an interpretative approach in the recent years that considers all international instruments that deliver protection to human beings as part of the same legal system, that is, the corpus juris of international human rights law. Consequently, different branches of international law, such as international humanitarian law, refugee law, consular relations and –of course– human rights law, have been interpreted and implemented as part of the same undivided and unique legal system that provides protection to individuals against arbitrariness and potential abuses attributable to States. This paper critically analyses and deconstructs the interpretative methods used by the Inter-American Court of Human Rights in its contentious and advisory jurisdictions. It focuses on how this Court has broadened or expanded the scope of protection afforded in international human rights instruments and norms by interpreting them under the light of the principle pro homine, which allocates the human person at the centre of international law. In this sense, this paper endeavours to contribute to a better understanding of international human rights law by means of unveiling the interpretative steps taken by the Inter-American Court in its efforts towards the humanization of contemporary international law.},
  author       = {Fuentes, Alejandro},
  keyword      = {Human Rights,Inter-American Court of Human Rights,judicial interpretation,corpus juris,principle pro homine,humanization of International Law},
  language     = {eng},
  location     = {Naples, Italy},
  month        = {04},
  pages        = {40},
  title        = {Expanding the boundaries of international human rights law. The systemic approach of the Inter-American Court of Human Rights},
  year         = {2018},
}