ASSESSING THE RIGHT TO A “DIGNIFIED LIFE” IN THE CONTEXT OF SOCIAL AND CULTURAL RIGHTS PROTECTION Judicial Success or Failure?

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Abstract

Tis contribution aims at assessing whether or not, and for what reasons, theconcept of the “right to a dignifed life” – i.e. the right not to be prevented fromhaving access to minimum living conditions compatible with human dignity –provides an appropriate and effective means to address violations of social andcultural rights within the Inter-American System. Afer presenting the mainaspects of the right to live a dignifed existence and contextualising it within thejurisprudence of the Inter-American Court on Human Rights (IACtHR) in thearea of economic, social and cultural rights (ESC rights), the analysis focuses onthe main strengths and weaknesses that, on both a conceptual and a practicallevel, the approach under examination presents in comparison to a direct approachto ESC rights protection based on Article 26 of the American Convention onHuman Rights (ACHR). Te conclusion is that, because of its own rationale as ameans to guarantee subsistence needs, the right to a dignifed life is unable toprovide more than a starting point for the protection of social and cultural rights,and that the time has come for the IACtHR to move forward and give properrecognition to the rights in question under Article 26 of the American Conventionon Human Rights (ACHR). If not, there is a serious risk that the right to a dignifedlife becomes a judicial “ failure” story in the feld of social and cultural rightsprotection.
Lingua originaleEnglish
pagine (da-a)358-376
Numero di pagine19
RivistaINTER-AMERICAN AND EUROPEAN HUMAN RIGHTS JOURNAL
Volume9
Stato di pubblicazionePublished - 2016

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