Protecting Economic, Social and Cultural Rights in the Inter-American Human Rights System: A Manual on Presenting Claims

Protecting Economic, Social and Cultural Rights in the Inter-American Human Rights System: A Manual on Presenting Claims, Yale Law School & CDES, 2002

SUNY Buffalo Legal Studies Research Paper No. 2002-001

471 Pages Posted: 10 Jul 2014 Last revised: 27 Aug 2014

Date Written: January 1, 2002

Abstract

This book offers human rights practitioners and scholars a lens into strategies and arguments for the protection of economic, social and cultural rights before the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, particularly through the regional system's individual petitions process. It systematically compiles the regional bodies' major statements on social rights from the 1960s through 1999, describes the system's procedures, and offers strategic pathways and arguments for finding social rights protections solidly grounded in each of the regional system's major human rights instruments. It also offers a model petition and provides strategic advice on framing claims, processing petitions, and enforcing decisions before the inter-American human rights bodies.

Based on research completed in 1999, its review of the system's jurisprudence and procedure is today grossly outdated, although instructive from an historical perspective. The author's view of certain arguments has likewise changed with time and experience. For a more up-to-date review of the social rights jurisprudence of the Inter-American Court of Human Rights (updated to 2011), see http://ssrn.com/abstract= 1810897. For a more up-to-date review of the social rights jurisprudence of the Inter-American Commission on Human Rights (updated to 2008), see http://ssrn.com/abstract= 1000275.

Keywords: economic-social-cultural rights, human rights, inter-American system, regional human rights systems, international courts and tribunals, framing strategy

Suggested Citation

Melish, Tara J., Protecting Economic, Social and Cultural Rights in the Inter-American Human Rights System: A Manual on Presenting Claims (January 1, 2002). Protecting Economic, Social and Cultural Rights in the Inter-American Human Rights System: A Manual on Presenting Claims, Yale Law School & CDES, 2002; SUNY Buffalo Legal Studies Research Paper No. 2002-001. Available at SSRN: https://ssrn.com/abstract=2463839

Tara J. Melish (Contact Author)

SUNY Buffalo Law School ( email )

School of Law
525 O'Brian Hall
Buffalo, NY 14260-1100
United States
(716) 645-2257 (Phone)

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