CEU Electronic Theses and Dissertations, 2023
| Author | de Santana Santos, Bruna Rafaela |
|---|---|
| Title | Between progressiveness and silence: Structural racism against Afro-Descendant populations in The Inter-American Court of Human Rights Jurisprudence (Argentina, Brazil, And Colombia) |
| Summary | Although one in four Latin Americans identifies as people of African descent –120 million of Latin America's 500 million population – afro-descendant people are among the region's poorest, most marginalized groups. Discrimination, economic exclusion, and underrepresentation in government, civil society, and the media are critical factors in the overrepresentation of Afro-descendants among low-income people and their underrepresentation and exclusion in decision-making positions in the private and public sectors. Concurrently, the Inter-American Court of Human Rights has used its case law to combat inequality and social exclusion and advance substantive equality. This study will look into the Inter-American Court’s rulings that dealt with structural racism or discrimination against populations of African Descent to understand the Court's perspective on the issue, as well as changes in how the American Convention on Human Rights' Articles 1.1 and 24 have been interpreted in recent years, and the general idea of equality and non-discrimination. The methodology will focus on the jurisprudence of the Court case-law related to Brazil, Colombia, and Argentina, as the first two have large African-descendant populations in their demographic composition, and the last has publicly recognized the impact of systemic racism in its functioning. The research offers human rights activities a tool to assess what is lacking and what can be improved in cases related to systemic racism against the African descendant population in Latin America, particularly concerning the legal classification (e.g., what are the violated rights?). Finally, the work considers that democracies around Latin America would benefit from applying the interpretation model of rights adopted by the Court in cases related to forced disappearances to cases concerning systemic racism against African descent in the region. This reconfiguration is indispensable for this group's due human rights protection and more significant social and economic opportunities. |
| Supervisor | Alvim Gomes, Juliana Cesario |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2023/santos_bruna-rafaela.pdf |
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