Systemic interpretation of the American convention on human rights
Abstract
This paper proposes a critical assessment of the jurisprudence of the Inter-American Court of Human Rights (IACRTHR) regarding the systemic integration of the provisions enshrined in the American convention on human rights (ACHR), under the light of the developments of the corpus juris of international human rights law. By incorporating the evolution in the interpretation of human rights law into the reading of ACHR, IACRTHR has expanded the scope of protection of the rights recognized within the ACHR, aiming at delivering more effective and comprehensive protection of them. This study will specifically focus its analysis on the interpretative method applied by IACRTHR. In particular, special attention will be given to the manner that the regional tribunal has applied the method of systemic integration of international human rights law, under the guiding light of the pro homine principle, which hermeneutically put the protection of individuals at the centre of the interpretative process of international human rights law.
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