The Inter-American Court of Human Rights Case-Law and Commentary

This work offers the first systematic analysis of the case law of the Inter-American Court of Human Rights to be published in the English language. The book provides a comprehensive collation and commentary on the jurisprudence of the Court, situating it in the broader context of international human rights law, drawing comparisons in particular with the case law of the European Court of Human Rights. It features coverage of both procedural and substantive human rights law. Comprehensively indexed and cross-referenced, the book offers, for the first time in English, ready access to the jurisprudence of one of the major regional human rights courts. It will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike. Based on an original French publication, the book has been fully updated and rewritten and includes extensive bibliographies for each of the issues and rights selected for commentary.

Laurence Burgorgue-Larsen is a Professor of Public Law at the Universite de Paris I, Pantheon-Sorbonne. She has published extensively in French, and in English her publications include a contribution to The Judicial House of Lords (OUP, 2009).

Amaya Ubeda de Torres is a Lecturer at the Universite Libre de Bruxelles and a Teaching Fellow at University College, London. Her first book was published in Spanish in 2007.

Dr Rosalind Greenstein in a native of Great Britain, and is a senior lecturer of English for Law at the Universite de Paris I, Pantheon-Sorbonne and is also Director of the Centre for Languages and Culture (CERLAC).

Table of contents:
Prologue
Introduction
List of abbreviations

PART I
PROCEDURAL GUARANTEES

CHAPTER 1
The optional contentious jurisdiction of the Court
Case analysis No. 1. Ivcher Bronstein v Peru, Judgment on Competence, September 4, 1999, Series C No. 54. A.U-T.

CHAPTER 2
The indirect contentious jurisdiction of the Court
Case analysis No. 2. Five Pensioners v Peru, Judgment on Merits, Reparations and Costs, February 28, 2003, Series C No. 98. L.B-L.

CHAPTER 3
The sharing of competences with the Commission in the contentious cases
Case analysis No. 3. Las Palmeras v Colombia, Judgment on Preliminary Objections, February 4, 2000, Series C No. 67. L.B-L.

CHAPTER 4
Advisory jurisdiction
Case analysis No. 4. "Other treaties" subject to the consultative jurisdiction of the Court (Art. 64 American Convention on Human Rights), Advisory Opinion, September 24, 1982, Series A No. 1. L.B-L.

CHAPTER 5
Determination of victims
Case analysis No. 5. Ituango Massacres v Colombia, Judgment on Preliminary Objections, Merits, Reparations and Costs, July 1, 2006, Series C No. 148. A.U-T.

CHAPTER 6
Exhaustion of domestic remedies
Case analysis No. 6. Juan Humberto Sánchez v Honduras, Judgment on Merits, Reparations and Costs, June 7, 2003, Series C No. 99. L.B-L.

CHAPTER 7
The powers of the Court to interpret and revise its judgments
Case analysis No. 7. Velásquez Rodríguez v Honduras, Interpretation of Judgment of Reparations and Costs, August 17, 1990, Series C No. 9. L.B-L.

CHAPTER 8
The powers of the Court to monitor compliance with its judgments
Case analysis No. 8. Baena Ricardo et al. (270 workers) v Panama, Judgment on Competence, November 28, 2003, Series C No. 104. L.B-L.

CHAPTER 9
The right to order provisional measures
Case analysis No. 9. Haitians and Haitian-Origin Dominicans v Dominican Republic, Order of the President of the Inter-American Court of Human Rights, September 14, 2000, Series E No. 3. A.U-T.

CHAPTER 10
The right to determine reparations
Case analysis No. 10. Gutiérrez Soler v Colombia, Judgment on Merits, Reparations and Costs, September 12, 2005, Series C No. 132. L.B-L.

CHAPTER 11
The right to ad intra enforcement of the Convention
Case analysis No. 11. Almonacid Arellano et al. v Chile, Judgment on Preliminary Objections, Merits, Reparations and Costs, September 26, 2006, Series C No. 154. L.B-L.

PART II
SUBSTANTIVE GUARANTEES

CHAPTER 12
The right to life and death penalty
Case analysis No. 12. Hilaire, Constantine et al. v Trinidad and Tobago, Judgment on Merits, Reparations and Costs, June 21, 2002, Series C No. 94. A.U-T.

CHAPTER 13
Forced disappearance
Case analysis No. 13. Goiburú v Paraguay, Judgment on Merits, Reparations and Costs, September 22, 2006, Series C No. 153. L.B-L.

CHAPTER 14
Extrajudicial executions
Case analysis No. 14. Mapiripán Massacre v Colombia, Judgment on Merits, Reparations and Costs, March 7, 2005, Series C No. 134. A.U-T.

CHAPTER 15
Right to personal integrity
Case analysis No. 15. Caesar v Trinidad and Tobago, Judgment on Merits, Reparations and Costs, March 11, 2005, Series C No. 123. L.B-L.

CHAPTER 16
The rights of the child
Case analysis No. 16. Villagrán Morales et al. v Guatemala ("Street children"), Judgment on Merits, November 19, 1999, Series C No. 63. L.B-L.

CHAPTER 17
Women's rights
Case analysis No. 17. Gónzalez et al. ("Cotton field") v Mexico, Judgment on Preliminary Objections, Merits, Reparations and Costs, November 16, 2009, Series C No. 205. XXX

CHAPTER 18
Workers' rights
Case analysis No. 18. Juridical Condition and Rights of the Undocumented Migrants, Advisory Opinion, September 17, 2003, Series A No. 18. A.U-T.

CHAPTER 19
The rights of detainees
Case analysis No. 19. Tibi v Ecuador, Judgment on Preliminary Objections, Merits, Reparations and Costs, September 7, 2004, Series C No. 114. L.B-L.

CHAPTER 20
The rights of indigenous peoples
Case analysis No. 20. Mayagna (Sumo) Awas Tingni Community v Nicaragua, Judgment on Merits, Reparations and Costs, August 31, 2001, Series C No. 79. L.B-L.

CHAPTER 21
The right to the freedom of thought and expression
Case analysis No. 21. Claude Reyes et al. v Chile, Judgment on Merits, Reparations and Costs, September 19, 2006, Series C No. 151. L.B-L.

CHAPTER 22
The right to nationality
Case analysis No. 22. Girls Yean and Bosico v Dominican Republic, Judgment on Merits, Reparations and Costs, September 8, 2005, Series C No. 130. A.U-T.

CHAPTER 23
Political rights
Case analysis No. 23. Yatama v Nicaragua, Judgment on Merits, Reparations and Costs, June 23, 2005, Series C No. 127. A.U-T.

CHAPTER 24
Economic and social rights
Case analysis No. 24. Acevedo Buendía (Discharged and Retired Employees of the Comptroller) v Peru, Judgment on Preliminary Objections, Merits, Reparations and Costs, July 1, 2009, Series C No. 198. L.B-L.

CHAPTER 25
The right to due process
Case analysis No. 25. Judicial Guarantees in States of Emergency (Arts. 27(2), 25 and 8 American Convention on Human Rights), Advisory Opinion, October 6, 1987, Series A No. 9. A.U-T.

CHAPTER 26
The right to an effective remedy
Case analysis No. 26. Habeas Corpus in Emergency Situations (Arts. 27(2), 25(1) and 7(6) American Convention on Human Rights), Advisory Opinion, January 30, 1987, Series A No. 8. L.B-L.

CHAPTER 27
The right to the truth
Case analysis No. 27. Bámaca Velásquez v Guatemala, Judgment on Merits, November 25, 2000, Series C No. 70. L.B-L.

APPENDICES
I. Sources
I.A. American Declaration on the Rights and Duties of Man
I.B. American Convention on Human Rights
I.C. First Additional Protocol to the American Convention
I.D. Second Additional Protocol to the American Convention
I.E. Statute of the Inter-American Court of Human Rights
I.E. Rules of Procedure of the Inter-American Court of Human Rights
I.G. Statute of the Inter-American Commission of Human Rights
I.H. Rules of Procedure of the Inter-American Commission of Human Rights

II. Tables
II.A. Judgments and decisions by country
II.B. Advisory opinions by country
II.C. Chronological table of judgments and decisions
II.D. Chronological table of advisory opinions
II.E. Judges of the IACHR

General bibliography
Thematic index

Case-law index
International courts of human rights
International courts and tribunals
Arbitration courts and tribunals
Domestic courts and tribunals
Other international bodies
Foreword, Sergio Garcia Raminrez
Introduction
Part I: Procedural Guarantees
Title I: Access to the Court
1. Competence of the Court
2. Admissibility of complaints
Title II: The Court's Powers
3. The Court's powers concerning its own case-law
4. The Courts's powers towards States that are party to a case
Part II: Substantive Rights
Title I: Individual Human Rights
5. Intrinsic human rights
6. Rights pertaining to specific categories of persons
Title II: Rights of Individuals in Society
7. Right to freedom of thought and expression
8. Right to nationality
9. Political rights
Title III: The Right to Rights
10. The right to access a judge
11. Right to the truth
Appendices
Bibliography