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Item type:Publication, The permanent need for a transparent mechanism for the election of the members of the IACHR and the IACtHR(Oxford University Press, 2021-10-01)Due to the impact of the work of the Inter-American Human Rights System, its bodies must have an adequate level of acceptance from the states as well as civil society and victims, who will be directly affected by these decisions. This article postulates that the election of magistrates and members of other bodies must be carried out through transparent processes that allow adequate participation of civil society. Such mechanisms are needed so that there is coherence with the standards of competence, independence, and impartiality that the Inter-American system demands from other state institutions and to guarantee its legitimacy and effectiveness. Public processes are also needed at the national level, as well as transparent voting within the General Assembly of the Organization of American States, to avoid practices that undermine legitimacy, such as vote-swapping. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, An essential departure point: due diligence in the framework of the Guiding Principles(Wolters Kluwer Medknow Publications, 2021-11-01)This article examines the content, evolution, and challenges due diligence faces in the Guiding Principles on Business and Human Rights framework. This analysis shows that the guidelines established by this instrument are an essential departure point but not a limit for further and more effective developments, which can and should be added to contribute to making due diligence a tool for human rights prevention and protection. These advances must be promoted, taking care that they do not detract from the potential of due diligence, and in parallel, strengthening the construction of capacities, commitments, and political will that guarantee the implementation of due diligence. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, “Transfer of use rights” as a mechanism for the territorial dispossession of native communities in Peru(CIDOB (Barcelona centre for international affairs), 2022-01-01)This paper analyses the Peruvian institutional scaffolding that favours mechanisms for dispossessing land from indigenous peoples in Peru, despite their protection by regulations that recognise them as such and their constitutional status, which imposes binding obligations. International human rights protection standards are therefore violated, along with the International Labour Organization's Convention 169 and the jurisprudence of the Inter-American Court of Human Rights (IACHR). It is therefore noteworthy that the Peruvian State has approved the titling of indigenous peoples' lands that are suitable for forestry “Transfer of use rights" - the main mechanism of dispossession affecting the ancestral territories of the indigenous peoples of the Peruvian jungle. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Mental health and psychiatric care(Taylor and Francis, 2024-01-01)The WHO defines mental health as a “state of well-being in which every individual realises his or her own potential, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to her or his community”. This definition implies that mental health is reliant on a wide array of factors all of which are enshrined in international human rights law. The relationship between mental health and human rights has at least three parts. First, human rights violations such as torture and displacement negatively affect mental health. Second, mental health practices, such as coercive treatment practices, impact human rights. Third, the advancement of human rights benefits people’s mental health conditions. There are clinical and economic reasons, as well as moral and legal obligations, to advance human rights in mental health care. The Special UN Rapporteur in a report to the UN Human Rights Council (Forty-fourth session, 15 June-3 July 2020) welcomes the international recognition that there is no health without mental health. However, the Rapporteur also emphasises that despite promising trends, there remains a global failure of the status quo to address human rights violations in mental health-care systems. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The standards of the Inter-American Human Rights System regarding migration and its impact on the region's states(Oxford University Press, 2024-02-22)The protection and guarantee of the rights of migrants is one of the most important challenges currently facing the Inter-American Human Rights System (IAHRS). In addition to the complex dynamics of migration and the increase of restrictive migration pol... - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Derecho probatorio comparado en las reglas ELI/UNIDROIT: convergencias y divergencias desde el aporte enciclopédico de Taruffo(Palestra Editores, 2024-01-01)1