Precautionary measures of the Inter-American Commission on Human Rights (IACHR) and its binding

Se trata de un análisis claro y consecuente acerca del devenir de las medidas cautelares de la CIDH y su carácter vinculante en Colombia a raíz del reciente suceso del Alcalde Mayor de Bogotá en Colombia y el concepto mismo sobre la vinculatoriedad y obligatoriedad de estas normas en el territorio nacional.This is a clear and consistent analyzes of the evolution of the precautionary measures of the Commission and its binding nature in Colombia following the recent success of the Mayor of Bogota in Colombia and the concept itself on the binding nature and enforceability of these rules in the national territory

‘Woman As…’: Personhood, Rights and The Case of Domestic Violence

This article uses the first domestic violence case filed against the United States in the Inter-American Commission on Human Rights (IACHR) to discuss the politics of gender and domestic violence. We discuss how gender-neutral frameworks of the case in the U.S. ignore the interpersonal gender and power issues which often attend domestic violence cases. The case before the IACHR was arguably more successful in addressing gender by drawing from the human rights literature on women’s rights. However, given that this case is the first human rights charge against the United States by a domestic violence survivor, the specifically gendered framework and unique nature of the crime could be potentially limiting for other domestic violence cases. We conclude by offering an alternative framework for domestic violence intervention in human rights cases

‘Woman As…’: Personhood, Rights and The Case of Domestic Violence

This article uses the first domestic violence case filed against the United States in the Inter-American Commission on Human Rights (IACHR) to discuss the politics of gender and domestic violence. We discuss how gender-neutral frameworks of the case in the U.S. ignore the interpersonal gender and power issues which often attend domestic violence cases. The case before the IACHR was arguably more successful in addressing gender by drawing from the human rights literature on women’s rights. However, given that this case is the first human rights charge against the United States by a domestic violence survivor, the specifically gendered framework and unique nature of the crime could be potentially limiting for other domestic violence cases. We conclude by offering an alternative framework for domestic violence intervention in human rights cases

Regulating Secondhand Tobacco Smoke in the Americas: A Comparison of the Top Down and Bottom Up Approaches in Brazil and the United States

The author presents a comparative analysis of the legal approaches to regulate Second Hand Smoke (SHS) in Brazil and the United States. Part II reviews the FCTC, its objective to achieve smoke-free public places, and the legal framework supporting freedom from SHS as a human right. Parts III and IV examine Brazil’s top down and the United States’ bottom up approaches to regulating SHS through legislative and judicial measures. Part V presents a comparative analysis of the two approaches and offers recommendations based on lessons learned from each approach. Because neither approach is perfect, Part V also discusses the role that the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court on Human Rights can play to protect the fundamental right of nonsmokers to a smoke-free environment, regardless of their domestic laws

Regulating Secondhand Tobacco Smoke in the Americas: A Comparison of the Top Down and Bottom Up Approaches in Brazil and the United States

The author presents a comparative analysis of the legal approaches to regulate Second Hand Smoke (SHS) in Brazil and the United States. Part II reviews the FCTC, its objective to achieve smoke-free public places, and the legal framework supporting freedom from SHS as a human right. Parts III and IV examine Brazil’s top down and the United States’ bottom up approaches to regulating SHS through legislative and judicial measures. Part V presents a comparative analysis of the two approaches and offers recommendations based on lessons learned from each approach. Because neither approach is perfect, Part V also discusses the role that the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court on Human Rights can play to protect the fundamental right of nonsmokers to a smoke-free environment, regardless of their domestic laws

Brazilian government violates Indigenous rights: What could induce a change?

The current presidential administration of Brazil has implemented a legislative agenda aimed at weakening protections of Indigenous peoples, in line with an ideological discourse and the direct participation of the armed forces in this process. This agenda has enabled invasions of Indigenous lands and a much higher COVID-19 mortality rate for Indigenous peoples when compared to non-Indigenous people. A bill recently approved by the Chamber of Deputies aims to extinguish all Indigenous lands established by the Brazilian government from 1988 onwards. This bill represents the official opening for violation of the rights of Indigenous peoples by the Bolsonaro administration and facilitates invasion of Indigenous lands. The president’s multiple efforts to weaken or deny protection of these peoples, to usurp their lands and to deny their rights to consultation on projects that affect them need to be judged by Brazil’s Federal Supreme Court, the UN Human Rights Council, the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights (IACtHR) and the International Criminal Court

Mossville Environmental Action Now v. United States: Is a Solution to Environmental Injustice Unfolding?

This article chronicles and analyzes the Inter-American Commission on Human Rights (IACHR) case resulting from the petition: Mossville Environmental Action Now v. United States. Part I illuminates the harms faced by the residents of Mossville and the little that has been done to remedy their situation. It provides an in-depth look at the data that has been collected by the U.S. government and analyzed by the members of Mossville Environmental Action Now, which shows levels of dioxin contamination in both the people and the environment of Mossville and their significance. Part I also discusses environmental racism and environmental justice in theory and as applied to the pollution and sickness that the Mossville residents are facing. Part II explores the petition that was filed with the IACHR, the IACHR itself, the treaties that formed the Commission, and its duties. Part III analyzes each claim that was deemed admissible and relevant precedent from both the IACHR and the European Court on Human Rights in order to predict the outcome of the case, as it is still pending. Part IV puts forth predictions and summarizes all of the relevant rules that come from the applicable case law. Lastly, Part V discusses the remedies that have been requested in the petition and that are likely to be awarded if violations of human rights are found