The juridical-philosophical debate on the justiciability of ESCR within the Inter-american Court of Human Rights: an approach based on inter-american judicial activism El debate iusfilosófico sobre la justiciabilidad de los DESCA al interior de la Corte IDH: una aproximación a partir del activismo judicial interamericano

Our aim is to analyze the juridical-philosophical debate that has developed within the Inter-American Court of Human Rights (IACtHR) regarding the justiciability of Article 26 of the American Convention on Human Rights (ACHR), focusing our observation on its most controversial rulings, issued in the 2023-2024 period. To achieve our objective, we will conduct a qualitative documentary investigation, based on the use of the legal content analysis technique, in this case not only of the ACHR and the OAS Charter, but mainly of four rulings selected for analysis and the dissenting opinions issued by the judges on the final decision.

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