Social, Economic, and Cultural Rights: The Inter-American Court at a Crossroads

The Inter-American Court of Human Rights: Theory and Practice, Present and Future (Intersentia Press, 2015)

Seattle University School of Law Research Paper No. 16-05

19 Pages Posted: 6 Jul 2015 Last revised: 25 Mar 2016

Date Written: June 30, 2015

Abstract

This chapter examines how the Inter-American Court of Human Rights has addressed economic, social and cultural rights. First, I briefly consider the primary Inter-American treaties on the subject: the American Convention on Human Rights, the Protocol of San Salvador, and the Charter of the Organization of American States. Second, I assess how the Inter-American Court has interpreted those instruments. While the Tribunal has increasingly recognized economic, social and cultural rights through various means, Article 26 of the American Convention on Human Rights -- the Convention’s most explicit provision on this category of rights -- has largely been avoided. I consider reasons for this avoidance, and then evaluate the alternative means the Court has used to protect economic, social and cultural rights.

Keywords: human rights, Inter-American Court of Human Rights, social rights, cultural rights, economic rights, American Convention on Human Rights, Protocol of San Salvador

Suggested Citation

Antkowiak, Thomas M., Social, Economic, and Cultural Rights: The Inter-American Court at a Crossroads (June 30, 2015). The Inter-American Court of Human Rights: Theory and Practice, Present and Future (Intersentia Press, 2015); Seattle University School of Law Research Paper No. 16-05. Available at SSRN: https://ssrn.com/abstract=2625261

Thomas M. Antkowiak (Contact Author)

Seattle University School of Law ( email )

901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA n/a 98122-1090
United States

HOME PAGE: http://www.law.seattleu.edu/x3076.xml

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