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Chile and the Inter-American Human Rights System

Chile and the Inter-American



Edited by Karinna Fernández, Cristian Peña and Sebastián Smart

Published 2017.

ISBN: 978-1-908857-27-9


Detailed Description

This edited volume brings together well-established and emerging human rights scholars and practitioners to discuss the central challenges in the areas of Lesbian, Gay, Bisexual, Trans and Intersex (LGBTI) rights, torture and indigenous rights in the Americas. The theoretical and empirical contributions centre on the most recent cases decided by the Inter-American Court of Human Rights against the Chilean state, namely: a) Atalo Riffo and daughters v. Chile; b) García Lucero et al. v. Chile; and c) Norín Catrimán et al. (Leaders, members and activist of the Mapuche indigenous people v. Chile. Using different methodological approaches such as case studies, legal analysis, and regional applications, the book summarises these three cases, among others, and reflects on the importance of the Inter-American Human Rights System, how it is developing, and the human rights improvements it has led to in the region.



Karinna Fernández, Cristian Peña and Sebastián Smart

  1. Chile and the Inter-American Human Rights System: past, present and future

Par Engstrom

  1. Chile and the Inter-American Human Rights System: analysis of the Atala case

Beatriz Contreras

  1. Atala: a landmark in transformative approaches to anti-discrimination law in Latin America

Alberto Coddou McManus

  1. Challenging heteronormativity: Atala Riffo and daughters v. Chile

 Penny Miles

  1. The Inter-American Court of Human Rights and truth commissions

Anita Ferrara

  1. Torture survivors and the search for equitable justice in Chile

Carmen Fleitas and Briana Okuno

  1. Training Chilean judges in human rights: what’s the point?

Alex Wilks

  1. Free, prior and informed consent to safeguard indigenous peoples’ rights: reigniting the debate between ‘consultation’ and ‘consent’ through a remedial lens

Anubhav Dutt Tiwari

  1. The Yaquis’ legal battle against the Aqueduct Independencia: Mexico Supreme Court’s decision and the Inter-American Court’s jurisprudence on the right to consultation

Nancy García

  1. Indigenous rights and criminal law in the Americas: regional application of ILO Convention 169

Rodrigo Céspedes