CASE SARAYAKU VS ECUADOR

Author: María Sol Tello

 

According to the worldview of the Sarayaku people, the territory is linked to a set of meanings: the jungle is alive and the elements of nature have spirits, which are connected among themselves and their presence act places.

This demonstrates that the indigenous people love their territory and nobody can destroy anything because their place is sacred, for this reason that would be protected by the State. In Ecuador this does not happened because those territories have large reserves of oil, so a lot of places of their territory were destroyed.

The Inter-American Human Rights Commission alleged that the State violated the rights recognized in article 21 of the American Convention, in connection with articles 1.1, 13 and 23 of the same. The Sarayaku people noted that Ecuadorian legislation contains a series of rules of legal and constitutional rank on rights of indigenous peoples, by which the State was forced to adopt special measures to guarantee them the full enjoyment of their human rights, without restrictions, as well as include measures that promote the full realization of their economic, social and cultural rights respecting their social and cultural identity, their customs, traditions and institutions.

The State had the obligation to hold prior, free and informed consultations so that they would have the possibility of participating in this process. Is the above that one of the fundamental guarantees to ensure the participation of the indigenous peoples and communities in decisions relating to measures that affect their rights, and in particular their right to communal property, is precisely the recognition of their right to consultation, which is recognized in Convention No. 169 of the ILO.

In my opinion, I think the State must respect and protect the ancestral territories, besides that they form part of the country must take into account that these territories have one variety in both flora and fauna; the exploitation of oil in these areas without the respective care would cause irreparable environmental damage that affects the country and the world.

If you want to get more information about this case visit the following web pages:

http://sarayaku.org/wp-content/uploads/2012/07/Resumen-Sentencia-Sarayaku.pdf

http://www.corteidh.or.cr/docs/casos/articulos/seriec_245_esp.pdf

CASE OF ATALA RIFFO

Author: Lisbeth Aroca

 

Karen Atala Riffo was a Chilean lawyer of Palestinian and she is the only judge recognized like lesbian. She presented a petition given a problem with her children with the Chilean State, at the Inter - American Court of those of the Human rights. The problem started because her husband made a demand against her because he wanted the custody of his daughters because Karen lives with her lesbian partner and his daughters together.

The Supreme Court of Chile was in favor of Karen’s husband because according to the Court the girls can be affected emotionally in their future sexual orientation but Karen decided to denounce to the Chilean State to the Inter – American Commission of Human rights for serious attempts to the human rights of the persons, the rights to the equality and not discrimination.

After two years the Inter – American court of the human rights recognized the discrimination to Karen with her daughters. In conclusion I think that the all the court’s decisions has to be based in the articles of the inter – American court of the human rights, for example the article 24 says that the State is responsible for the violation of the right to the equality and not discrimination and how we can see it was a discrimination against the sexual preference of Karen.

Bibliography:

www.corteidh.or.cr/docs/casos/articulos/seriec_239_esp.pdf

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HUMAN RIGHTS IN AFRICA

AUTHORS: CRISTINA ROSSI AND MICHELLE CORDERO

 

 

Africa is the most beautiful continent this is because has landscapes with fauna, flora and exotic animals. But the African reality is dramatic, over three hundred million people live on less than a dollar a day, these are certainly alarming, because ¿ how humans can live in such condition? On the other hand being the world's poorest region, suffers the consequences of having the highest rates of infection of AIDS, so the life expectancy has been reduced from 49 to 46 years to life. Another major problem is the scarcity of water, a situation compounded by heavy droughts and water mismanagement.

The scarcity and lack of food in North Africa, Middle East is intensifying hunger in sub-Saharan Africa. Ethiopia, one of the hungriest countries in the world and where are more than thirteen million people that need international food aid and a good investment are intended to obscurity. Sometimes the help that is offered to the countries of Africa, financial aid, goes to the government and those are left to their advantage and not to help the people affected.

This grave situation is accompanied specially by the flood of Somalis, they take refuge in Ethiopia and Kenya, and this is due to the wars that occur in the country. It is estimated that 50% of Somali children that are severely malnourished. Many of the children are thrown to the ground to excavation to see if they find something to eat. There are many food centers, but unfortunately the quantity of food are limited, so some of them can eat, while others look to others eating, standing behind a rope.

Certainly to help the African continent and its countries victims, NGOs have been working since 2000 in Africa, specifically in Burkina Faso. Since this country is one of the poorest in the continent and the world. An example is Africa Alive is formed by Catalan and African volunteers who would like to work in this remote place and make great efforts to help the people of this country. This organization aims to strengthen the areas with serious failings in the community, also to improve their quality of life and that every individual and family has a chance to escape poverty and have a better life.

Some of the NGOs that work specifically in Africa are:

Direct Africa, Africa Hope, Africa Emergency aid, African Rainbow, Africa and some other alive.

In Africa the help is never enough, because of the serious problems, so that NGOs are another link to help, if you share the concern about what happens in Africa, inform and help with a donation or volunteer. Here is where we fight to defend human rights and draw a smile to humanity.

Conclusion:

The NGO´s noted that poverty is a destructive element in any phase of human life, so we are the help that is needed to change the world. As an alternative, today we live in an age that shows

Authors: Michelle Cordero and Cristina Rossi

The Inter-American Commission on human rights has always been concerned for the State of Cuba, in recent months the Cuban Government has unleashed a concern by reason of the reforms of the migration to this industrial law

The Inter-American Commission on human rights has always been concerned for the State of Cuba, in recent months the Cuban Government has unleashed a concern by reason of the reforms of the migration to this industrial law.

The Commission notes that the reform has certain restrictions for reasons of defense and national security; Security and protection of official information; public interest; in order to preserve the skilled labor force; for reasons of safety and protection of official information; among others. The Commission considers that the generality of certain terms gives a broad margin of discretion to the authorities and urged the Cuban State to fully guarantee the right of all its nationals to move freely.

After the reform, were several demonstrations, against the Cuban State, which proceeded to the arrest several people, the IACHR stated that the arrests goes against to fundamental human rights and urged the State of Cuba to adapt their procedural rules to the applicable international standards of due process, so that people who come to the courts for the determination of their rights and responsibilities have warranties to exercise their means of defense. So the finally reform is fully approved in 2013 in order to accomplish all the stipulations and not to violate human rights.

Benefits and weaknesses of the Inter-American process of individual cases

Author: Gabriela Rosas

 

The Inter-American system of human rights is a regional system for the promotion and protection of human rights and is composed of two bodies:

1. Inter-American Court aims to interpret and apply the American Convention and other inter-American human rights treaties, in particular, through the issuance of rulings on cases and advisory opinions.

2. The Inter-American Commission on human rights is an organ of the Organization of American States whose main function is to promote the observance and defense of human rights in the Americas region.

Relations between the Commission and the Court are given only in the framework of individual requests, object of this work, and the non contentious jurisdiction of the Court, that it can be put in motion by the Commission as a body of the OAS. To bring a case to the Court it is necessary that all stages of the procedure are completed before the Commission. This involves the submission of a complaint; the possibility that the State against which presents answer; a trial period; the possibility of that State and alleged victim would agree on an amicable settlement; and the adoption of a first report by the Commission and its transmission to the State, letting you know, if it considers that there has been a violation, is rape, and recommendations that are fulfilled within a period.

Is certainly important to note that a situation of disadvantage in these processes presented the individual petitions before the Inter-American Commission on human rights, in context since it shows an unequal protection system; therefore a slow system in which the appreciation and the redefinition of the role of the Inter-American protection is important.

Finally, the international law of human rights has developed standards regarding the right to judicial remedies and other resulting suitable and effective to claim for the violation of fundamental rights, is an extraordinary breakthrough in this matter, but what really matters is the effectiveness and efficiency with which it operates. In that regard, the obligation of States to promote human rights is fundamentally positive, in order to organize the institutional apparatus so that all individuals can have access to them or if you see violated access to resources allowing to reconsider them in the system, avoiding obstacles regulatory, social, economic, etc.

Bibliography:

http://www.oas.org/dil/treaties_A-41_Charter_of_the_Organization_of_American_States.htm