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Corte Interamericana de Derechos Humanos
Boletín No. 117, Año 8, 2015
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Do we need a human right to a healthy environment?
Rebecca Bratspies.
En: Santa Clara Journal of International Law.
Vol. 13, No. 1, 2015



Resumen: This paper contributes to the ongoing discussion by identifying the relevant legal institutions and procedures, and by exploring the substantive content of emerging international norms surrounding environmental rights. Part I of this paper describes why human rights are increasingly being invoked in the context of environmental decision making. Part II offers a brief introduction to the limitations of domestic and international environmental law that drive interest in using human rights to address environmental challenges. Part III surveys existing human rights that have been pressed into service for environmental ends, and highlights the strengths and weaknesses using existing human rights norms to advance environmental goals. Part IV describes the emerging norms coalescing around the human right to a healthy environment. This section will re-analyze existing human rights cases through an environmental rights lens to highlight what environmental rights might add to the existing body of human rights law and jurisprudence. Part V considers whether invoking human rights extends state ability to regulate the environmental conduct of non-state actors like transnational corporations. Finally, Part VI returns to the introduction-putting human rights jurisprudence in the context of the scope and scale of the environmental problems we face. This section concludes with some reflections on the possibility of change, of success in an era of rapid carbon accumulation and profound environmental injustice.


(En) gendering suffering: Denial of abortion as a form of cruel, inhuman, or degrading treatment.
Alyson Zureick.
En: Fordham International Law Journal.
Vol. 38, No. 1, 2015



Resumen: International law has long considered the regulation of abortion to be a prerogative of the State. In recent years, however, international human rights bodies have begun to consider the conformity of domestic abortion regulations with States' human rights obligations. This article identifies and examines a notable trend among human rights bodies: namely, their willingness to find that denying or obstructing a woman's access to abortion can amount to cruel, inhuman, or degrading treatment ("CIDT") under multiple human rights treaties. This article identifies two lines of reasoning emerging from human rights bodies in this area. First, human rights bodies have found that States can be responsible for cruel, inhuman, or degrading treatment inflicted on women who are harassed and denied services that are legally available to them under the State's laws. Second, human rights bodies have found that the application of restrictive abortion laws themselves may inflict CIDT by depriving women of an abortion in cases such as rape or when the woman's life or health is seriously threatened.


"The way to stop discrimination on the basis of race..."
Ronald Turner.
En: Stanford Journal of Civil Rights and Civil Liberties.
Vol. 11, No. 1, 2015



Resumen: This article examines Chief Justice Roberts's and Justice Sotomayor's differing views on the "way to stop discrimination on the basis of race." As discussed herein, the justices' disagreement is grounded in and reflects fundamental differences in their understandings of and approaches to "race," racism, discrimination, and the operative meaning of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Chief Justice Roberts's way to stop what he has framed as race-based discrimination reflects an exclusive focus on racial classifications and an acontextual and ahistorical equal protection analysis? Disconnected from this nation's history and the realities of white-supremacist racism, his focus on race as skin color or phenotype renders constitutionally problematic any and all governmental considerations of race. On that view, discrimination on the basis of race (in the form of racial classifications) can be ended by the cessation of governmental racial classifications.

Using targeted sanctions to end violations against children in armed conflict.
David S. Koller.
En: Boston University International Law Journal.
Vol. 33, No. 1, 2015



Resumen: This article examines how the United Nations Security Council can more effectively utilize the threat and use of sanctions to contribute to ending grave violations against children in situations of armed conflict. The article reviews the Security Council's efforts to address such violations and observes that the Council has so far made limited use of the possibility of sanctions. Drawing on lessons learned from the Council's general practice in applying sanctions, this article considers that sanctions can play an effective role in influencing the behavior of potential and actual perpetrators of grave violations against children, but that a number of difficult political, practical, and legal challenges first need to be overcome. Taking these challenges into account, this article offers concrete recommendations for deploying the threat and use of sanctions to help put an end to grave violations against children in situations of armed conflict.

Levels of generality and the protection of LGBT rights before the United Nations General Assembly.
Anthony S. Winer.
En: William Mitchell Law Review.
Vol. 41, No. 1, 2015



Resumen: Various countries around the world have been according greater protection to the rights of lesbian, gay, bisexual, and transgender (LGBT) people in recent years.' At the same time, in other countries, the rights of LGBT people are becoming more threatened. Against this backdrop, it is worth noting that the United Nations (U.N.) General Assembly has never issued a resolution specifically protecting or advancing the rights of LGBT people. This is remarkable given the significant role the General Assembly has had in promulgating international human rights. From the standpoint of advocates for LGBT rights, it would be desirable for the General Assembly to issue such a resolution. This article suggests part of a strategy to be implemented in pursuing that goal.

Building human rights, peace and development within the United Nations.
Christian Guillermet Fernández y David Fernández Puyana.
Russian Law Journal.
Vol. 41, No. 1, 2015



Resumen: War and peace have perpetually alternated in history. Consequently, peace has always been seen as an endless project, even a dream, to be in brotherhood realized by everyone across the earth. Since the XVII century the elimination of war and armed conflict has been a political and humanitarian objective of all nations in the world. Both the League of Nations and the United Nations were conceived with the spirit of eliminating the risk of war through the promotion of peace, cooperation and solidarity among Nations. The Universal Declaration of Human Rights and the subsequent human rights instruments were drafted with a sincere aspiration of promoting the value of peace and human rights worldwide. International practice shows the close linkage between the disregard of human rights and the existence of war and armed conflict. It follows that the role of human rights in the prevention of war and armed conflict is very important. Since 2008 the Human Rights Council has been working on the 'Promotion of the Right of Peoples to Peace.' Pursuant resolutions 20/15 and 23/16 the Council decided firstly to establish, and secondly to extend the mandate of the Open-Ended Working Group (OEWG) aimed at progressively negotiating a draft United Nations declaration on the right to peace. The OEGW welcomed in its second session (July2014) the approach of the Chairperson-Rapporteur, which is basically based on the relationship between the right to life and human rights, peace and development.

Reflections on the question of when, if ever, violence is justified in struggles for political or social change.
Susan H. Farbstein.
En: Harvard Human Rights Journal.
Vol. 27, 2014



Resumen: Violence is never justified in struggles to transition from one regime to another; violence is bound to have a dehumanizing effect on those who perpetrate it and therefore a negative impact on any social or political arrangement that emerges. However, the answer is ultimately not completely satisfying. We may have to face the reality that governments are sometimes so evil, so cruel, so unjust, and so destructive that people have a right to resist by force. The concern is that insistence on non-violence may sometimes reinforce injustice. In certain circumstances, force may be the last appeal to human dignity and the last resort to realizing human rights.

An Inter-American Constitutional Court?: The invention of the conventionality control by the Inter-American Court of Human Rights.
Ariel E. Dulitzky.
En: Texas International Law Journal.
Vol. 50, No. 1, 2015



Resumen: Charles Evans Hughes said more than a hundred years ago that "[w]e are under a Constitution, but the Constitution is what the judges say it is." Today, nevertheless, in Latin America, it would be more appropriate to say that we are under the American Convention on Human Rights, but the Convention is what the judges of the Inter-American Court of Human Rights say it is. This change in the paradigm comes thanks to the conventionality control theory developed by the InterAmerican Court of Human Rights ("Court" or "Inter-American Court") in the last several years. In brief, this conventionality control (or control of conventionality) demands that inter-American and domestic judges examine the compatibility of national rules and practice with the American Convention on Human Rights ("Convention" or "American Convention") as interpreted by the Inter-American Court. For domestic judges, this duty comes in addition to traditional constitutionality control or judicial review within their respective States.


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