About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

31 Hastings Int'l & Comp. L. Rev. [i] (2008)

handle is hein.journals/hasint31 and id is 1 raw text is: VOL. 31 WINTER 2008 NO. 1 Table of Contents ARTICLES THE RIGHT TO A DIGNIFIED LIFE (VIDA DIGNA): THE INTEGRATION OF ECONOMIC AND SOCIAL RIGHTS WITH CIVIL AND POLITICAL RIGHTS IN THE INTER-AMERICAN HUMAN RIGHTS SYSTEM B y Jo M . P asqualucci ................................................................................. 1 The Inter-American Court of Human Rights recently is- sued a series of controversial judgments in which it held States accountable for violations of the right to life, even when no one had died. The Court expanded the traditional scope of the right to life to include the right to live a vida digna or a dignified life. In doing so, the Court has introduced a qualitative aspect to the right to life. In certain circumstances in which vulnerable in- dividuals or groups lacked basic necessities such as adequate food, water, sanitary facilities, and health care, the Court held that the State was liable for a violation of the right to live a vida digna. This paradigm shift arguably advances international law by integrating the traditionally separate areas of civil and politi- cal rights with economic and social rights, at least within the in- terpretation of the right to life. A problem, however, is that the Court's jurisprudence is not yet developed to the extent neces- sary to identify the parameters of the justiciability of the right to live a dignified life. Considering the abject poverty in many parts of Latin America and the Caribbean, the Inter-American system could be flooded with applications alleging a violation of this right. This article formulates a multi-part test to determine when an applicant has established a prima facie case for a violation of

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most