Expanding the boundaries of international human rights law. The systemic approach of the Inter-American Court of Human Rights

    Research output: Contribution to conferencePaper, not in proceedingpeer-review

    Abstract

    The Inter- American Court of Human Rights has developed an interpretative approach in the recent years that considers all international instruments that deliver protection to human beings as part of the same legal system, that is, the corpus juris of international human rights law. Consequently, different branches of international law, such as international humanitarian law, refugee law, consular relations and –of course– human rights law, have been interpreted and implemented as part of the same undivided and unique legal system that provides protection to individuals against arbitrariness and potential abuses attributable to States. This paper critically analyses and deconstructs the interpretative methods used by the Inter-American Court of Human Rights in its contentious and advisory jurisdictions. It focuses on how this Court has broadened or expanded the scope of protection afforded in international human rights instruments and norms by interpreting them under the light of the principle pro homine, which allocates the human person at the centre of international law. In this sense, this paper endeavours to contribute to a better understanding of international human rights law by means of unveiling the interpretative steps taken by the Inter-American Court in its efforts towards the humanization of contemporary international law.
    Original languageEnglish
    Number of pages40
    Publication statusPublished - 2018 Apr 15
    EventESIL Annual Conference - Naples, Italy
    Duration: 2017 Sep 62017 Sep 9

    Conference

    ConferenceESIL Annual Conference
    Country/TerritoryItaly
    CityNaples
    Period2017/09/062017/09/09

    Subject classification (UKÄ)

    • Law (excluding Law and Society)

    Keywords

    • Human Rights
    • Inter-American Court of Human Rights
    • judicial interpretation
    • corpus juris
    • principle pro homine
    • humanization of International Law

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