Inter-American Commission on Human Rights

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RELATIONS BETWEEN HUMAN RIGHTS AND PUBLIC POLICY: A MULTI-CASE STUDY OF THE IMPACT OF THE RECOMMENDATIONS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RELATIONS BETWEEN HUMAN RIGHTS AND PUBLIC POLICY: A MULTI-CASE STUDY OF THE IMPACT OF THE RECOMMENDATIONS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

have a single requirement consisting in legal recognition in a member state of the OAS. The difficulty is that it is generally presented that the non-governmental organizations defending human rights do not obtain the reconnaissance of the state in which they are acting, for which reason it has been considered to give them consultative status in the OAS, prior to the fulfillment of certain requirements. The expuesto plant the possibility to redemand, the sea, the so-called active legitimacy. If it can demand the violation of human rights on the part of other States or of natural personas or legal of private derecho? This statement that at first sight seems only academic is very important because “on repeated occasions it has been claimed that the Commission is aware of petitions or communications alleging the violation of human rights by movements or organizations that have as their object the subversion of the established order. In this regard, the Commission has repeatedly maintained that if it is well repudiated by terrorism and the use of violence to impose certain political options, it can only be aware of the human rights violations attributed to States over their competence.”
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THE PROTECTION OF THE RIGHT TO FREEDOM OF EXPRESSION: A PANORAMA OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS CASE LAW / A PROTEÇÃO DO DIREITO À LIBERDADE DE EXPRESSÃO: UM PANORAMA DA JURISPRUDÊNCIA DA CORTE INTERAMERICANA DE DIREITOS HUMANOS

THE PROTECTION OF THE RIGHT TO FREEDOM OF EXPRESSION: A PANORAMA OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS CASE LAW / A PROTEÇÃO DO DIREITO À LIBERDADE DE EXPRESSÃO: UM PANORAMA DA JURISPRUDÊNCIA DA CORTE INTERAMERICANA DE DIREITOS HUMANOS

allegedly for reasons related to the exercise of freedom of expression. In the regional context, one in three of the kill- ings documented by Office of the Special Rapporteur for Freedom of Expression occurred in Mexico (55 in total), and almost one in five happened in Honduras (28 in total). Brazil, with 25 murders, ranked third on the list. Colombia (11), Guatemala (9) Peru (6) and Paraguay (4) are also countries where this issue is a real problem in the period studied. In the previous decade, such violence was also at these levels, although the magnitude varied depending on the country, and also impunity rates were deplorable. See Office of the Special Rapporteur for Freedom of Expression, Press Re- lease R124/15, 2015. See also Violence against journalists and media workers: Inter-American standards and national practices on prevention, protection and prosecution of perpetrators. III. Series. OAS official records; OEA/Ser.L. OEA/ Ser.L/V/II CIDH/RELE/INF.12/13. Document prepared by the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights, 2013 (ORGANIZATION OF AMERICAN STATES, 2010).
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Resenha de 'Provisional Measures in the Case Law of the Inter-American Court of Human Rights', de Clara Burbano Herrera

Resenha de 'Provisional Measures in the Case Law of the Inter-American Court of Human Rights', de Clara Burbano Herrera

The formal and substantive conditions of admissibility for provisional measures are assessed in Chapter 2. Since there are no specific formalities, the Rules of the Court simply stating that they should be presented by any means of communication, practi- tioners adopt the general rules for presenting briefs. Interestingly, the Court has adopted provisional measures in 13 cases (or 19%) in which the beneficiaries were un- named as it accepts ‘the protection of groups of unnamed persons when they are poten- tially at risk’ (p. 71). It is important to note that even in such cases the Court is aware of the approximate number of beneficiaries and they range from 501 in the Monagas Judicial Confinement Center Case to 6,000 in the Indigenous Kankuamo Case (table 18, p. 72). With regard to substantive conditions, the author pertinently assesses which rights are commonly protected by the Court. In spite of different understandings, the IACtHR does not rank rights in a hierarchy or determine a specific set of rights to be protected by provisional measures. Although in 95.8% of the cases the rights to life and personal integrity have been protected, the author concludes that ‘this does not mean that the Court favours only these rights, but rather it appears to be because the protection of those rights and not others has been requested’ (p. 87). This information should have been further assessed. The high number of cases based on the rights to life and personal integrity may corroborate, on the surface, Herrera’s assumption, but it also demonstrates the structural limitations of the Inter-American system as a whole, which forces prioritisation amid the caseload reaching the Inter-American Commission on Human Rights. With regard to the criterion of urgency, the chapter demonstrates the importance given by the Court to provisional measures: out of 80 ini- tial orders, 12 were issued on the same day as the petition was received and more than half of the total (44) were issued within five days (p. 96).
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Human Rights and Violence Against W Against Women: omen: omen: Campo

Human Rights and Violence Against W Against Women: omen: omen: Campo

The OAS foresees a right’s monitoring and implementation apparatus, consisting of the Inter-American Commission on Human Rights and the Inter-American Judicial Committee. The Commission’s main function is to promote the compliance and the protection of human rights in the American continent. Its actors are not only the States, as in most international organisms, but also NGOs and individuals or groups of individuals. This makes it more accessible than other institutions. Any resident person of one of the Charter signatory countries can present an accusation on the violation of human rights by any State, even the ones that did not sign the Charter. This takes part of the State’s power on what is brought to the international institutions, passing the power to the individuals, the most vulnerable level on the logic of international relations. It guarantees individuals the way to forward their own demands, the right to individual petition, rendering the effectiveness of human rights detached from political decisions.
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Transitional Justice in Brazil and the Jurisprudence of the Inter-American Court of Human Rights: a difficult dialogue with the Brazilian judiciary

Transitional Justice in Brazil and the Jurisprudence of the Inter-American Court of Human Rights: a difficult dialogue with the Brazilian judiciary

The Gomes Lund/“Guerrilla of Araguaia” case refers to the forced disappearance of 70 people in the Araguaia region, in the State of Pará, north of Brazil. The episode known as the “Guerrilla of Araguaia” happened between 1972 and 1975 in this region. So, the Communist Party of Brazil, in this illegal and clandestine era, decided to organize a guerrilla war in the fields of Araguaia to fight against the military dictatorship. But with few members (less than 80 against more than 10,000 soldiers from Armed Forces), and insufficient armaments and training, they were massacred by the official military forces and there were at the time of the investigation of the Inter-American Commission on Human Rights, 70 people involved in the episode considered victims of forced disappearance, due to the absence of information and explanations on the part of the Brazilian State regarding them (BRASIL, 2014, p. 717; KOIKE, 2014, p. 30-47).
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1707

1707

In Saramaka People v. Suriname, the Court held that indigenous communities have the right of participation in the exploration of natural resources as part of the communal right to property. 88 Again, analyzing questions out of scope of the literal meaning of the Convention, the Court extended the in- terpretation of the Convention’s provisions favoring the human person with the aid of previous cases and external legal instru- ments and reference to other tribunals. In this case, the Inter- American Commission adopted a similar tone as in other cases and affirmed that Suriname failed to recognize the Saramaka People’s right to use and enjoy their territory; that the State allegedly violated the right to judicial protection by failing to provide an effective access to justice, particularly the right to property in accordance with communal traditions; and that Su- riname allegedly failed to adopt the necessary domestic provi- sions to provide such rights to the Saramakas. 89 To reach these conclusions, the Inter-American Court analyzed possible re- strictions on the right to property regarding concessions for the exploration and extraction of certain natural resources, and informed that Suriname needed to follow three safeguards in order to protect indigenous rights. 90 First, states need to guar- antee an effective participation of the members of the indige- nous community, in conformity with their customs and tradi- tions. Secondly, states need to ensure the indigenous communi- ty’s right to receive a reasonable benefit from the exploration
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Rev. direito GV  vol.13 número3

Rev. direito GV vol.13 número3

The IACtHR clearly had the option to bring out the Convention of Belém do Pará, which can be seen in earlier cases and actions taken respectively by the Inter-American Commis- sion on Human Rights (IACHR) and the IACtHR. In 2007, for example, an IACHR docu- ment outlined several recommendations to States for actions to eliminate “social cultural patterns” that promote discrimination and prevent women’s access to justice, mainly the ones who are victims of violence (IACHR, 2007a, paras 18-19, at 8). In a larger context, as far back as 1999, the IACHR had released a report that investigated the need to implement affirmative actions to increase women’s political participation, understanding that the dep- rivation of their right violates their equal citizenship status, which implies an act of moral violence. In this report, the Commission emphasized that affirmative action is an effective mechanism to ensure the right to non-discrimination based on gender. This right, accordingly to the document, must be assumed as one of the main pillars of the international system of pro- tection of Human Rights, so that the laws of States cannot contradict the principle of equality in a substantive sense (IACHR, 1999, introduction and III.B, at 1 and 4).
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Rev. Bras. Saude Mater. Infant.  vol.17 suppl.1 rbsmi 17 s1 S135

Rev. Bras. Saude Mater. Infant. vol.17 suppl.1 rbsmi 17 s1 S135

In the first stage, the experts of the VS received by e-mail a file containing the questions for the questionnaire. Each one of them discussed the ques- tions, proposing changes in the text, deleting or adding questions and answers from each expert indi- vidually stored in a database for later analysis and consolidation by the research team. In the second step, a meeting was held in person with the total number of experts, enabling discussion on the proposed alterations, as well as the reflection of their experience and knowledge accumulated by each one. At the end of this discussion, questions were added or deleted, as well as the alterations on the text were consolidated. In the third and final step, some consolidated information discussed in the second stage was submitted only to the group of experts in health evaluation, which they only adjusted the writing.
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Preconditions of an intercultural dialogue on human rights

Preconditions of an intercultural dialogue on human rights

The first category of the subject is not in the centre of attention in the intercultural dialogue because the dialogue primarily follows relationships between larger cultural units than individuals. The relationships at the individual level are certainly also important though, in the conflict of entire cultures, millions of individual persons do not enter into discussion but rather the representatives of people who can promote their individual and group interests. nevertheless, it is important to make sure that the representatives of individual cultures do not represent just their own view and their own culture only marginally. But also in the case when the representatives are successful in representing their culture, they should not represent the mainstream of their culture more predominantly; it is obviously desirable to acknowledge the minority streams as well. This opens the question of a multi-cultural dialogue within the intra- cultural framework between the majority and minorities, between men and women, and so on (TAYLOR, 1994; SEngHAAS, 1998). Intra-cultural conflicts also largely relate to social conflicts. As mentioned by Yash ghai in the context of East-Asian economies, a particular territory does not offer just one access to rights but the heads of companies stress other laws than unionists, and minorities emphasize other laws than the members of the majority, etc. (gHAI, 1999). Within the framework of intercultural dialogue, it is important to remember these significant socio-economic factors.
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Development of a comprehensive hospital-based elder abuse intervention: an initial systematic scoping review.

Development of a comprehensive hospital-based elder abuse intervention: an initial systematic scoping review.

Elder abuse, a universal human rights problem [1], is often defined as the mistreatment of older adults through “actions/behaviours or lack of actions/behaviours that cause harm or risk of harm within a trust relationship” [2](p.2). According to the United States Department of Justice [3], examples of abuse of older adults can include isolation and neglect by an adult child or caregiver; physical or sexual assault by an intimate partner, adult child or caregiver; financial or material exploitation by a stranger, family member or professional; abuse or neglect by a partner with advancing dementia; and/or systemic neglect by a long-term care provider result- ing in inadequate services. Although many forms of abuse appear unlawful and involvement of criminal justice systems may be appropriate, perpetrators are rarely prosecuted and future of- fenses are thereby not deterred [4,5].
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On human rights – particularly crimes against Humanity

On human rights – particularly crimes against Humanity

guarantee individual access to goods which, due to their importance for the dignity of the human person, personality development, autonomy, freedom, and well-being of the people, the Portuguese Constitution (CRP) and the other international instruments understood deserving maximum protection. The constitutional consecration of fundamental rights has a very precise legal meaning: it always imposes upon the State, and upon each of its constituted powers, duties of subordination and legal binding, which, in general, result in corresponding claims and rights of realization for the individuals, whose awareness can be translated into the ownership of public subjective rights, i. e., rights to be legally claimed in their own interests to ensure the fulfilment of the respective state’s duties.
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The human rights and the terrorism

The human rights and the terrorism

Obviously; any country interprets terrorism, according to its national interests and benefits. Conflicts of interests prevent the achievement of a comprehensive common definition, and as long as we don’t have a common definition of terrorism, any action would be unfair. Since human rights are not only incompatible with fighting terrorism, but also provide a framework for the intended fight, so the campaign against terrorism won’t be considered as an instrument for human rights violation. In fact, there is consensus that there’s no necessity to leave the accepted standard of human rights, and most importantly; there is no Covenant on Civil and Political Rights and European Convention on Human Rights in the campaign against terrorism. So considering human rights, not only doesn’t mismatch with the terrorism, but also guarantees the effectiveness of such a struggle. In this regard, as mentioned earlier; among the general resolutions, in addition to the resolutions relating to the elimination of terrorism, Resolution 912/75, entitled "The protection of human rights and fundamental freedoms while countering terrorism", which was adopted on 27 February 2003 clearly pointed out to the necessity of observing human rights in the campaign against terrorism. According to this resolution’s preamble and its first article: “Reaffirms the fundamental importance of respect for all human rights and fundamental freedoms and the rule of law in response to terrorism and the fear of terrorism concedes that governments must ensure that any acts in campaign with terrorism is in accordance with their obligations, especially human rights, refugee law and humanitarian law.” So, it is a fundamental fact that is often overlooked in the discourse of the campaign against terrorism and human rights. The fact is in
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Amartya Sen o prawach człowieka [Sen on human rights]

Amartya Sen o prawach człowieka [Sen on human rights]

ne, inne z kolei potrai grać na tym instrumencie). Dlaczego dziewczynka, która dzięki własnej pracy i zaangażowaniu coś osiągnęła (zrobiła let), ma tę rzecz przekazywać innej osobie? Oczywiście, jeśli jakieś dziecko pragnie dzielić się zabawkami, które samo wykonało (posiada dobre serce i chce się dzielić), to może to robić i należy takie postępowanie chwalić. Nie jest to jednak punkt widzenia Sena. On sam twierdzi, że w analizowanej sytuacji nie istnieje jeden dobry wybór. Wydaje się również, że Sen chętnie zabrałby let dziewczynce, która let wykonała, i oddał go biednemu chłopcu, który nie posiada żadnych zabawek. Sen w całym swoim projekcie społecznym przyjmuje wygodną (i najczęściej przyjmowaną) perspektywę osób pozy- skujących dobra (możliwości), a nie inansujących te dobra (możliwości). Słabość jego teorii polega na tym, że nie wiadomo, jak precyzyjnie wytyczyć w niej linię demarkacyjną pomiędzy tymi, którym należy pomagać – gdyż nie ze swojej winy nie potraią realizować możliwości – a tymi, którzy z własnej winy są w trudnej sytuacji życiowej.
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The future of the Guiding Principles on Internal Displacement

The future of the Guiding Principles on Internal Displacement

At the universal level, the UN special procedures and treaty bodies should enhance the use of the Guiding Principles by more regularly invoking them when addressing situations of internal displacement in countries scrutinised by them. All these eforts may ultimately lead to the recognition that the Guiding Principles should be transformed into a universal convention on the protection of IDPs or even that they should be recognised as an expression of international customary law. This would be binding upon all countries regardless of whether they have incorporated the Principles into domestic law or ratiied regional instruments that might be adopted in the future.
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On The Impact Of Pressure Drop On Human Body With Mathematical Models

On The Impact Of Pressure Drop On Human Body With Mathematical Models

Here 1013.25 is the pressure at sea level in mil/bar, z is the altitude in meters. Knowing p 0 ( z ) and the relation for resistance to flow, the pressure variation on the human body have been computed by the following method. We have

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Rev. bras. polít. int.  vol.51 número1

Rev. bras. polít. int. vol.51 número1

Today, the number of people involved in the current commercial rounds of the WTO is much larger than ever before. It’s also important to note that the main growth in staff is at units in Brasilia, where there are around thirty people working primarily with WTO issues. Adding to this the around twenty staff at the Mission in Geneva, we are then speaking about approximately fifty diplomats that, in one way or another, worked towards the WTO. Another observation regarding the SGET is that while Brazil, in the past, prioritized its activity at different Third World constellations such as UNCTAD, in the 1990s the ‘offensive’ line came to embrace organizations that had traditionally been a domain of core countries, such as the Organization for Economic Co-operation and Development (OECD). In the 1990s, Brazil became a full member of the OECD’s Development Center: in the working group on corruption, in the Emerging Market Economic Forums, and in the OECD’s Agricultural Committee. The participation here shows how Itamaraty tried to influence all levels possible, something that not only required more diplomats, but also skillful people that could be used to set the agenda in a new myriad of international working groups 40 .
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O combate ao terrorismo e as suas consequências na garantia dos direitos humanos

O combate ao terrorismo e as suas consequências na garantia dos direitos humanos

The international terrorism has been upraised to the position of one of the main regulators of foreign relations between States in contemporary international society, serving as a key element for the establishment of the new rules for the enforceability of fundamental rights. The analysis of the historical interpretation of the term terrorism allows the understanding of the inexistence of a precise and clear legal concept for it under international law. Throughout history, the legal treatment of the matter has incessantly depended on the relations of power and on the specific interests of the main actors within the global community. Such interests, in concreto, currently aim to establish an elastic and permanent combat against a determinable enemy, yet not determined. The changes on the conception of human rights and their overall extent, supported by those international actors who presently face the terrorist threat and impose restrictive measures in the name of counterterrorism, has contributed to the inability of the international law to forge a unified legal concept of international terrorism. At the international level, the United States stands as the decisive actor in charge of the main globally implemented counterterrorism strategies. In conjunction with the growing role played by the United Nations Security Council, it has served other States to legitimize their exceptional measures, which are increasingly restrictives of international human rights. The contextualization of terrorism is extremely relevant for the understanding and further analysis of the counterterrorism measures in place, as well as their consequences for the internationally consolidated fundamental rights. There is an urgency to establish a new balance between all human rights previously consolidated by international law and the needs concerning international security, which needs to be addressed within the new context of securitization of societies. At the regional level, it is the Court of Justice of the European Union and the European Court of Human Rights that have been extremely active through their paradigmatic decisions, namely thorough the vigorous establishment of the scope and limits of the exceptional measures approved by European States in the name of security matters.
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Bioethics and Human Rights

Bioethics and Human Rights

Since 2005 [year of the UDBHR’s adoption], “steps have been taken to make this content public, but there is still the need to advance so that its dissemination becomes a practical reality applied to the lives of people, communities and countries. The lack of knowledge and understanding of the UDBHR contributes to the maintenance of an uneven status quo and creates a situation where populations to not take advantage from the various nuances of social justice. This is because the unawareness, coupled with factors such as low level of schooling and lack of debate on issues which are crucial to people’s lives, reinforces ignorance, apathy and lack of mobilisation to pressure public and private powers to adopt solutions that aim at social and economic development for all  7 .
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Implementation of WHO Quality Rights assessment In Kabul Mental Health Hospital

Implementation of WHO Quality Rights assessment In Kabul Mental Health Hospital

The Kabul Mental Health Hospital, in order to respond to any kind of abuse (verbal, mental, physical or sexual) or neglect (physically or emotionally), has one “patient safety” committee. This committee is responsible to deal with such cases in accordance to hospital policies. When we reviewed documentation to determine availability of any guideline or policy on reporting and dealing with incidents of verbal, mental, physical or sexual abuse and physical or emotional neglect, there was nothing specific. The only partial mention to this issue is found in the “Patients’ Rights” guideline and the terms of reference of “Patients Safety” committee, according to which all service users have the right to express their opinions and complaints on care and quality of health services without any fear. So, it means that whenever there is any complaint this committee will investigate and take actions afterwards. For instance, there was a complaint from one family member against one member of the hospital staff and the “Patients’ Safety” committee decided to issue a notice letter to the accused staff member. Notwithstanding such actions, there are no official records of incidents of physical, sexual or emotional abuse or neglect. Even, when there were incidents of abuse for specific service users, they were not reported in the respective personnel files. We checked the medical file of an interviewee who was physically abused and nothing was mentioned in her file about the incident. The interviews revealed that the overall impression of service users and family members regarding behavior of hospital staff is fair. The interviewed service users and family members stated that sometimes they are regarded with humanity, dignity and respect by doctors, but the behavior of nurses and support staff (cleaners, guards) is harsh most of the time
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OS DIREITOS HUMANOS E O CONSTITUCIONALISMO INTERNACIONAL LATINO-AMERICANO -- HUMAN RIGHTS AND THE LATIN AMERICAN INTERNATIONAL CONSTITUTIONALISM

OS DIREITOS HUMANOS E O CONSTITUCIONALISMO INTERNACIONAL LATINO-AMERICANO -- HUMAN RIGHTS AND THE LATIN AMERICAN INTERNATIONAL CONSTITUTIONALISM

Abstract: The Latin American countries are gover- ned by a common constitutional order, specifically the one arising from international human rights treaties. As the trend of the constitutionality blo- ck, in addition to their own constitutions, several Latin American countries give to international tre- aties the same hierarchy of constitutional norms when they have human rights as their object. The relevance of the research results from the constitu- tional supremacy going beyond the constitutional prescriptions for international law that promote human rights. We discuss the material concept of human rights from the evaluating load of the most relevant to the society legal assets, especially the values of human dignity, life, freedom and equa- lity, that the human rights would result immedia- tely. It is analyzed the trend of Latin American sta- tes to respect international human rights treaties as if they were constitutional prescriptions, with special attention regarding the Brazilian experien- ce. The research is bibliographic, descriptive and has by purpose improving knowledge on the topic. Finally, it is concluded that in Latin America the first idea of an International Community Consti- tution arises, given the prevalence of human rights at the supranational scenario.
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