Bernard Duhaime, Nancy R. Tapias Torrado

Contributions of the Inter-American Jurisprudence to the Protection of Women’s Human Rights

Introduction

Contributions of the inter-american jurisprudence to the protection of women’s human rights. Explore Inter-American jurisprudence protecting women's human rights, promoting gender equality, and combating violence. Key advancements and Canada's potential role discussed.

Abstract

The Inter-American System of Human Rights (IASHR) has made substantial contributions to the advancement of gender equality and the elimination of gender violence and discrimination. It has positively impacted the lives of many women, girls, and LGBTQI+ persons in the Americas region. This article provides an updated overview of the IASHR’s main jurisprudential advancements, noting key aspects, in particular, with respect to the rights to equality and non-discrimination, to be free from violence, and to sexual and reproductive rights. In addition to highlighting the fundamental importance of the IASHR’s contributions, it reiterates an invitation to the Canadian readership to assess the usefulness of the system in promoting and defending girls’ and women’s rights and to Canada to accept the jurisdiction of the Inter-American Court of Human Rights and to ratify the Inter-American Convention on Human Rights and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women.

Review

This article, "Contributions of the Inter-American Jurisprudence to the Protection of Women’s Human Rights," proposes a highly relevant and timely examination of the Inter-American System of Human Rights (IASHR). The abstract clearly outlines an intent to provide an updated overview of the IASHR’s significant jurisprudential advancements, specifically focusing on critical areas such as equality, non-discrimination, freedom from violence, and sexual and reproductive rights. By highlighting the system's positive impact on women, girls, and LGBTQI+ persons in the Americas, the paper promises to underscore the fundamental importance of the IASHR's role in advancing gender equality and combating gender-based violence and discrimination. A significant strength indicated in the abstract is the article's dual focus: not only does it provide a scholarly overview of the IASHR's jurisprudence, but it also extends a direct invitation to the Canadian readership and government. This unique aspect transforms the piece from a purely descriptive account into one with clear policy advocacy implications, urging Canada to engage more deeply with the Inter-American system by accepting the Court’s jurisdiction and ratifying key conventions. This targeted engagement adds a compelling layer of practical relevance, demonstrating how an understanding of regional human rights mechanisms can inform national policy decisions and strengthen human rights protections domestically. While the abstract robustly details the intended positive scope of "contributions" and "advancements," a comprehensive scholarly review might ideally be strengthened by acknowledging, even briefly, potential challenges or limitations within the IASHR's implementation or enforcement, which could offer a more nuanced understanding of its overall effectiveness. Similarly, regarding the specific call to Canada, the article could potentially deepen its impact by exploring the practical or political considerations that might currently impede Canada's full engagement, thereby enriching the argument for accession. Nevertheless, this article is poised to be a valuable resource for scholars, practitioners, and policymakers interested in international human rights law, particularly as it pertains to gender justice in the Americas.

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