Abstract

MIRA GONZALEZ, Clara María  and  ROJAS BETANCUR, Milton Andrés. Protection of Social Rights in the Inter-American Human Rights System. Opin. jurid. [online]. 2010, vol.9, n.18, pp.39-56. ISSN 1692-2530.

Concept of social rights adopted by the Inter-American Human Rights System, especially the Inter-American Human Rights Court, as well as the act of judicializing and demanding which this system has executed through its several entities or their enforceability as real rights, allows proving that, despite some achievements reached in relation to legalization of social rights through instruments such as the San Salvador Additional Protocol, practices assumed by several entities of the Inter-American System which apply human rights confirm inefficiency of social rights when establishing several protection means such as the petition system for most rights and denunciations before the Inter-American Court with respect to rights of freedom to form unions and right to education. From this we can conclude that social rights, except for those examined by the denunciation system, are only susceptible to be protected by the Inter-American Human Rights Court when their violation becomes an indirect infringement or when it deals with violation of a basic right.

Keywords : Inter-American Human Rights System; Inter-American Human Rights Court; social rights; international law.

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