This book offers a thorough, critical, and accessible analysis of the American Convention on Human Rights which is the main human rights treaty of the Americas. The authors closely review the jurisprudence and the binding judgments of the two institutions charged with interpreting the Convention: The Inter-American Court of Human Rights and The Inter-American Commission on Human Rights.They focus on the rights most developed by the Court and Commission, namely the rights to equality, life, humane treatment, personal liberty, property, due process and judicial protection, as well as the freedom of expression and reparations. They examine the case law with a victim-centered lens while identifying key jurisprudential developments, discussing critical areas that lack consistency and rigor, and proposing alternative conceptual approaches.Each chapter contains an Introduction to compare the Convention right's formulation with equivalent rights in other major international and regional treaties; a background section to consider the right's negotiation history; a Scope of Protection section to analyze the right's provisions (paragraph-by-paragraph or topic-by-topic); and lastly, a Limitations section, if applicable, to study any limitations to the right. In addition, the book's Introduction presents an up-to-date overview of the dynamic Inter-American Human Rights System, discussing the System's legal instruments, major institutions, significant impact, key developments, and current challenges.

Chapter 1: IntroductionI. OverviewII. The Inter-American Human Rights System's Impact, Major Institutions, and Legal InstrumentsA. Impact and Importance of the Inter-American SystemB. The Organization of American States, the American Convention, and Other Critical Human Rights InstrumentsC. The Inter-American Commission on Human RightsD. The Inter-American Court of Human Rights1. Introduction2. The Court in Relation to the Commission3. The Court's Ratione Materiae, Ratione Temporis, Ratione Personae, and Ratione Loci Jurisdiction4. Note on the Court's Assessment of Evidence and Burden of ProofIII. Key Developments and Critiques of the Inter-American JurisprudenceA. IntroductionB. Extensive State Obligations to Respect and Ensure RightsC. Article 63: ReparationsD. Article 24: Right to EqualityE. Article 4: The Right to LifeF. Article 5: The Right to Humane TreatmentG. Article 7: The Right to Personal LibertyH. The Rights to Due Process and Judicial Protection1. Article 8: Right to a Fair Trial2. Article 25: Right to Judicial ProtectionI. Article 13: Freedom of ExpressionJ. Article 21: The Right to PropertyIV. The Book's Structure and MethodologyChapter 2: EqualityI. IntroductionII. BackgroundIII. Scope of ProtectionA. The Relationship of Article 24 and Article 1B. The Assessment of Discrimination1. Definitions and State Obligations2. The Progression of the Court's Case Law: Discrimination in Law and in Facta. Introductionb. Perceived Political Opponentsc. Disadvantaged Groupsd. Synthesis3. Atala Riffo and the Court's Current Approach to DiscriminationChapter 3: LifeI. IntroductionII. BackgroundIII. Extensive State Obligations to Respect and Ensure the Right to LifeA. IntroductionB. Duty to RespectC. Duty to Ensure (or "Protect")1. Overview2. Duty to Prevent through Legal Regulation3. Duty to Adopt "Prevention and Protection Measures" in Threatening Circumstances4. Duty to Investigate and PunishIV. Scope of ProtectionA. The Meaning of "Every Person" and "In General, From the Moment of Conception"B. The Meaning of "No One Shall Be Arbitrarily Deprived" of Life1. The Death Penaltya. Introductionb. "Only For The Most Serious Crimes"c. The "Mandatory" Death Penaltyd. Due Process Requirementse. Right to Apply for Pardon, Amnesty or Commutation2. Use of Lethal Force in Law Enforcement Scenariosa. Introductionb. The Principles of Legality, Necessity and Proportionalityc. The Burden of Proofd. State Duties After the Use of Force3. Use of Lethal Force in Armed Conflicts4. Arbitrary Deprivation of Life of Imprisoned Individualsa. Introductionb. Detention Conditions and Health Carec. Security Operations in Prisons5. Forced Disappearances of Personsa. Introduction and Definitionb. The Right to Life and Ratione Temporis JurisdictionC. The Concept of Vida DignaChapter 4: Humane TreatmentI. IntroductionII. BackgroundIII. Scope of ProtectionA. A Broad Right with Uncertain ParametersB. Definitions of Torture and the Inter-American Convention to Prevent and Punish TortureC. The Inter-American Court's Three-Part Test for TortureD. Involvement of State Actors: a Fourth Requirement?E. Considerations of Evidence and ProofF. Cruel, Inhuman, or Degrading Punishment or Treatment1. Introduction2. Sexual Violence and Violence against Women3. State-Sanctioned Punishmenta. Corporal Punishmentb. The Death Penaltyc. Life Imprisonment: Children4. Detention Conditions and Practices5. Forced Disappearance6. Threats of "Severe Physical Injuries"7. Treatment of ChildrenG. Violations to Personal Integrity Below the Threshold of Article 5(2)H. Investigation and Prevention: State Obligations to Ensure the Rights of Article 5I. Article 5(3): No Extension of Punishment Beyond the Convicted IndividualJ. Article 5(4): Separate Location and Treatment for Unconvicted Persons in DetentionK. Article 5(5): Separate Proceedings and Facilities for Children in Criminal Justice SystemL. Article 5(6): "Reform and Social Readaptation" of PrisonersChapter 5: Personal LibertyI. IntroductionII. BackgroundIII. Scope of ProtectionA. Overview1. Right to Physical Liberty2. Right to Personal SecurityB. General Requirements to Deprive Liberty: the Principles of Legality and Arbitrariness1. The Legality Principlea. Restriction of Liberty Always the Exceptionb. Ordered by a Competent Judicial Authorityi. Synthesisii. Detentions without Judicial Warrants: Exceptional Casesc. State Obligation to Register Detentionsd. Detention Time Limits and Orders for Releasee. Pretrial Detention as Illegal Detentionf. Court's Increasing Reluctance to Find Violations of Article 7(2)2. The Arbitrariness Principlea. Synthesisb. Forced Disappearancesc. Pretrial Detention as Arbitrary Detentioni. Sufficient Evidence of Criminal Responsibilityii. Risks to the Criminal Proceedingiii. Detention in Immigration Proceedingsiv. Pretrial Detention of Special Sectors of the Populationv. Time Limits for Pretrial Detention3. Methodological Problems: Legality and ArbitrarinessC. The Specific Requirements of Paragraphs 4, 5, and 6 of Article 71. Article 7(4): Reasons for Detention and Notification of Chargesa. Reasons for Detentionb. Notification of Charges2. Article 7(5): Judicial Supervisiona. Brought "Before a Judge or Other Officer Authorized by Law"b. Right to Trial "Within a Reasonable Time"3. Article 7(6): The Right to Habeas Corpus4. Article 7(7): "No One Shall Be Detained for Debt"Chapter 6: Due Process and Judicial ProtectionArticle 8: Right to a Fair TrialI. IntroductionA. Many Similarities Among the Major Human Rights TreatiesB. Variances Among the Human Rights SystemsC. BackgroundII. Article 8(1)A. Introduction and Meaning of "Right to a Hearing"B. Meaning of "With Due Guarantees"C. Meaning of "Within a Reasonable Time"D. Meaning of "Competent, Independent, and Impartial Tribunal, Previously Established by Law"1. "Tribunal"2. "Competent"3. "Independent"4. "Impartial"5. "Previously Established by Law"III. Article 8(2) and the Right to Be Presumed InnocentA. Article 8(2)(a): the Right to be Assisted by a Translator or InterpreterB. Article 8(2)(b): Prior Notification in Detail of ChargesC. Article 8(2)(c): Adequate Time and Means for Preparation of DefenseD. Article 8(2)(d): the Right to Defend Oneself Personally or to Be Assisted by Legal Counsel, and to Communicate Freely and Privately with CounselE. Article 8(2)(e): the Right to be Assisted by Counsel Provided by the StateF. Article 8(2)(f): the Right of the Defense to Present and Examine WitnessesG. Article 8(2)(g) and Article 8(3): the Right Not to Be Compelled to Be a Witness against Oneself; Coercion and ConfessionsH. Article 8(2)(h): the Right to Appeal a Judgment to a Higher CourtI. The Right to Effective Access to Consular AssistanceIV. Article 8(4): An Acquitted Person Shall Not Be Subjected to a New Trial for the Same CauseV. Article 8(5): Public Criminal ProceedingsArticle 25: Right to Judicial ProtectionI. Introduction and BackgroundII. Article 25(1): "Simple, Prompt and Effective" RemediesA. "Simple" and "Prompt" RemediesB. "Effective" RemediesIII. Article 25(2): Enforcement of National JudgmentsIV. The Boundaries of "Judicial Protection"A. The Right of Access to JusticeB. Combining Articles 8 and 25: A CritiqueC. The Court's Current, Broader View of Article 25Chapter 7: Freedom of ExpressionI. IntroductionII. BackgroundIII. Scope of ProtectionA. The Meaning of "Everyone"B. Protected ExpressionC. Safeguards for JournalistsD. Right of Access to State-Held InformationIV. Limitations to Article 13A. IntroductionB. Prior Censorship1. Overview2. Prohibitions against Offensive ContentC. Subsequent Imposition of Liability1. Overview and General Requirements2. Subsequent Criminal Liabilitya. Introductionb. The Honor and Reputation of the Armed Forcesc. The Honor and Reputation of Public Officials3. Subsequent Civil LiabilityD. "Indirect" RestrictionsE. Cases of Persecution Leading to Generic Violations of Article 13(1)F. Incitements to Violence: Article 13(5)Chapter 8: PropertyI. IntroductionII. BackgroundIII. Scope of ProtectionA. Many Forms of Property RecognizedB. Rights to Communal PropertyIV. Limitations to Article 21A. Right to Property Not AbsoluteB. Meaning of "Just Compensation"C. Meaning of "Reasons of Public Utility or Social Interest"D. Meaning of "In the Cases and According to the Forms Established by Law"E. Specific Approaches to Limitations1. Restrictions during Criminal Investigations and Police Action2. Protective Framework for Traditional TerritoriesChapter 9: ReparationsI. IntroductionII. BackgroundIII. The "Injured Party" of Article 63(1) and Related TopicsIV. Monetary RemediesA. Pecuniary DamagesB. Moral Damages1. In General2. Community Development ProgramsV. Non-Monetary RemediesA. BackgroundB. RestitutionC. RehabilitationD. Recognition of Responsibility and ApologiesE. Memorials and CommemorationsF. Reform of Legislation and Policy, Training ProgramsVI. Legal Fees and ExpensesVII. Supervision and Compliance with the Court's JudgmentsA. Binding and Final Nature of JudgmentsB. Introduction to SupervisionC. Cases of NoncomplianceD. Compliance RatesVIII. Provisional Measures of Article 63(2)Appendix: List of Inter-American Court Judgments by Convention ArticleIndex