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• The Indigenous Peoples’ Right to Cultural Identity in the Case-law of the Inter-American Court of Human Rights

  145-163

  Katarzyna Zombory

  Views:

  383

  The present paper examines the protection of cultural identity in the case-law of the Inter-American Court of Human Rights (IACHR), where this question has primarily been dealt with in connection with the rights of indigenous peoples. Although not expressly guaranteed in the American Convention on Human Rights (ACHR), the right to cultural identity is found to be protected in the treaty due to the IACHR’s evolutionary interpretation of the right to life and the right to property, as well as other first-generation human rights contained in the ACHR. Issued in the Spring of 2020, the IACHR decision in the case Lhaka Honhat vs Argentina puts into a new perspective the protection of the right to cultural identity. Unlike before, it was clearly established that cultural rights are autonomous and judicially enforceable under Article 26 of the ACHR. At the same time, the ICHR’s revolutionary approach provides new opportunities for the judicial protection of environmental rights claims based on Article 26 of the ACHR as well.

• The right to strike in the case-law of the ECtHR

  115-133

  Katalin Bagdi

  Views:

  322

  The right to strike has been long recognized as an important labour right in the European countries protected by constitutions and international conventions on labour and social rights. However, these international conventions mainly contain mere declarations to only pursue the right to strike and do not have an effective protection mechanism. Nevertheless, in the last few decades a human rights perspective on labour law gained ground and thus international organizations and international courts started to derive labour rights like the right to strike from civil and political rights and therefore some of these labour rights enjoy the same level of protection as the first generation human rights. In its recent judgements, the European Court of Human Rights stated that the right to strike is protected under Article 11 of the European Convention on Human Rights and developed a case law on the requirements of a lawful strike action, secondary strike actions and the restrictions of the right to strike.