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Обзор судебной практики Межамериканского суда по правам человека за период с 2021 по 2023 год [= Review of the Inter-American Court of Human Rights jurisprudence from 2021 to 2023]

Parra Vera, Oscar; Jesús Pérez, Edward; (2024) Обзор судебной практики Межамериканского суда по правам человека за период с 2021 по 2023 год [= Review of the Inter-American Court of Human Rights jurisprudence from 2021 to 2023]. Международное правосудие / International Justice , 14 (4) pp. 3-16. 10.21128/2226-2059-2024-4-3-16. Green open access

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Abstract

This article reviews the most important cases decided by the Inter-American Court of Human Rights between 2021 and 2023. The Court has introduced important changes in the understanding of legal concepts of Inter-American law that will significantly impact the region. The authors of the article provide an overview of the jurisprudence of the In-ter-American Court of Human Rights on the following range of issues: 1) transitional justice; 2) the right to the protec-tion of human rights and the right to informational self-determination; 3) the right to a healthy environment; 4) the right to freedom of expression; 5) sexual and reproductive rights; and 6) the obligations of businesses to respect hu-man rights irrespective of one’s sexual orientation. It is noted that the right to the protection of human rights and the right to informational self-determination have been recognized by the Inter-American Court of Human Rights for the first time. The Court also resolved the issue of the status of human rights defenders by including in this category not only lawyers, but also paralegals, technical and administrative staff, members of the press and political scientists. In ad-dition, the Court has recognized the responsibility of the State for violations of the human right to a healthy environ-ment, as well as specified the State’s obligations in relation to mining activities that may have an impact on the envi-ronment. In decisions on cases involving violations of the right to freedom of expression, the Inter-American Court of Human Rights has clarified the special nature of the protection to be guaranteed to journalists, in particular women journalists, and has also pointed out the special obligations of States to protect the rights of indigenous peoples in rela-tion to their access to radio broadcasting. In the authors’ view, these and other landmark decisions presented in this review demonstrate that the Inter-American Court of Human Rights is committed to the progressive development of inter-American law. The categories of issues addressed by the Inter-American Court of Human Rights presented in this article indicate directions for the evolution of the system of regional human rights protection in the Americas.

Type: Article
Title: Обзор судебной практики Межамериканского суда по правам человека за период с 2021 по 2023 год [= Review of the Inter-American Court of Human Rights jurisprudence from 2021 to 2023]
Open access status: An open access version is available from UCL Discovery
DOI: 10.21128/2226-2059-2024-4-3-16
Publisher version: https://doi.org/10.21128/2226-2059-2024-4-3-16
Language: Russian
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Inter-American Court of Human Rights; transitional justice, right to a healthy environment
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10210180
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