Salvador Herencia-Carrasco

#HumanRights: In 2023, the Inter-American Court of Human Rights (IACtHR) decided 18 contentious cases (no advisory opinions). Please find below a brief thread summarizing the Court's work during 2023.

For the first time in a calendar year, the IACHR ruled that states were NOT responsible (SNR) on 3 cases: 1 against Peru (labour dispute of university worker), 1 against Costa Rica (consular protection of a foreigner) and 1 against Guatemala (foreigner access to a career as a notary). 1/5

Jan 10, 2024 at 1:47amWeb
Show threadSalvador Herencia-CarrascoJan 10, 2024
I classified all 18 contentious cases in 6 broad categories:
1. Adoption and international custody of children: Córdoba v. PAR and María v. ARG.
2. Collective property, consultation and land title of hashtag#IndigenousPeoples: Garifuna San Juan v. HON (its the 3rd Garifuna case) and Maya Q’eqchi’ Agua Caliente v. GUA.
3. Judicial and administrative guarantees: Álvarez v. ARG, Scot Cochran v. COSTA RICA (SNR), Hendrix v. GUA (SNR), Aguinaga v. ECU and García Rodríguez v. MEX. 2/5
Show threadSalvador Herencia-CarrascoJan 10, 2024
4. Labour rights, salaries and pension: Bendezú v. PER (SNR), Meza v. ECU and Boleso v. ARG.
5. Obstetric violence, health and hashtag#BizHumanRights duties of private hospitals: Rodríguez Pacheco v. VEN.
6. Personal integrity, torture, forced disappearance: Baptiste v. HAITI, Guzmán Medina v. COL, Núñez Naranjo v. ECU; Tabares Toro v. COL and López Sosa v. PAR. 3/5
Show threadSalvador Herencia-CarrascoJan 10, 2024
In my view, this year's most relevant cases of the IACtHR were the following:
- García Rodríguez v. MEX: case focuses on limits to pretrial detention and reduction of judicial guarantees at expense of civil liberties. This case has huge implications as pretrial norms are included in the Federal Constitution.
- Córdoba v. PAR: This is the first case to deal with the international restitution and custody of a child from a broken marriage between a Paraguayan and an Argentinean nationals. 4/5
Show threadSalvador Herencia-CarrascoJan 10, 2024
The IACtHR ends 2023 with 54 contentious cases (11 against Brazil) and 3 Advisory Opinions (AO) in docket and pending a ruling. This is a problem as there are very important cases that should be decided in 2024, including the first abortion case (Beatriz v. El Salvador), the first case on Indigenous Peoples in Voluntary Isolation (Tagaeri and Taromenane v. Ecuador) and the Advisory Opinions on climate change and the responsibility of manufacturers of firearms. 5/5