Abstract

AGUDELO, Carlos. An approach to the scope of the Inter-American Court of Human Rights in the fight for Afro-descendant territorial rights. Apuntes [online]. 2023, vol.50, n.94, pp.2-26.  Epub Aug 31, 2023. ISSN 0252-1865.  http://dx.doi.org/10.21678/apuntes.94.1990.

One of the tools used by the Afro-descendant peoples of Latin America and the Caribbean in the fight for their territories has been the recourse to the courts. This article focuses on the role that the Inter-American Court of Human Rights has specifically played in relation to the territorial claims of Afro-descendant peoples. This is an ongoing investigation on the use of justice as a tool for the struggle of Afro-descendant peoples in Latin America and the Caribbean, which is in a phase of data systematization (judgments, jurisprudence, related studies) with elements of analysis. gradual that should be enriched. Hence the extensive inclusion of the elements of the documentation of the Inter-American Court. Initially we present a panoramic view of the situation of Afro-descendant territories. Then we set out a general framework on the Inter-American Human Rights System and the history of its involvement in cases related to ethnic groups and their territories. Next, a systematization is presented in chronological order of the cases that have reached the Inter-American Court directly related to the demands of Afro-descendant groups and territorial claims. Based on documents of the Court that are part of the respective processes, we return to elements of the arguments and sentences that provide a general idea to understand the scope of said cases. Finally, we develop some initial reflections on the possibilities and limits that the sentences of the Inter-American Court presented have had.

Keywords : Inter-American Court of Human Rights; Afro-descendants; territories; justice; rights; mobilization; struggle.

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