Resumo

RONCONI, Liliana  e  BARRACO, María. The consolidation of the economic, social and cultural rights in the Inter-American Court of Human Rights: considerations in light of the Case Lhaka Honhat vs. Argentina. Rev. Fac. Der. [online]. 2021, n.50, e105.  Epub 01-Jan-2021. ISSN 0797-8316.  https://doi.org/10.22187/rfd2020n50a5.

The aim of this article is to reconstruct the IACtHR’s argumentative steps on the issue of ESCR, in order to establish the clear progress that has been developed as a result of the case Lhaka Honhat vs Argentina. It is our understanding that this progress implies the consolidation of the direct justiciability of the ESCR by virtue of the application of the principles enshrined in article 26 ACHR. This consolidation represents a pivotal step to recognize the ESCR as true rights, with their corresponding obligations, that can be claimed by the citizenship. Accordingly, the first part develops a brief approximation on the situation and importance of the ESCR in the region. Afterwards, it recapitulates some of the most important and paradigmatic decisions of the IACtHR regarding direct justiciability of the ESCR, predecessors of what was developed by the tribunal in the decision Lhaka Honhat. Afterwards, it describes briefly the decision of the IACtHR in the case of study, highlighting two novel aspects of the case: the assertion of the interdependence, autonomy and indivisibility of the ESCR, which resulted in the establishment of reparations on ESCR; and the obligation to guarantee ESCR developed by the IACtHR. Finally, the conclusions allow to sustain that the direct justiciability of the ESCR by virtue of article 26 ACHR is consolidated in the argumentation of the IACtHR.

Palavras-chave : Inter-American Court; ESCR; Advances; Progressive realization; Minimum Core; Direct Justiciability; State’s obligations.

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