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3 Int'l Lab. Rts. Case L. 1 (2017)

handle is hein.journals/intlrcl3 and id is 1 raw text is: INTERNATIONAL LABOR RIGHTS CASE LAW INTERNATIONAL BRILL 3 (2017) 1-2 FLA W NIJHOFF brill.com/ilarc Introduction from the Editor-in-Chief The scope and substance of fundamental labor rights are interpreted by differ- ent human rights bodies. On a regional level, inter-American human rights en- tities have been particularly active in defending social rights in their decisions and judgments. This issue of the International Labor Rights Case Law includes two commentaries on cases from the Organization of American States (OAS) human rights system. The OAS Charter established the Inter-American Commission on Human Rights which was later complemented by the Inter-American Court of Human Rights, established by the American Convention on Human Rights. These or- gans are the primary institutions for protecting and promoting human rights in the Americas. The Commission's reports are not formally legally binding. The final decisions of the Court are. Professor Katerine Bermidez Alarc6n of Externado University, Colombia discusses the Court's judgment in Duque v Colombia. The case concerns Angel Alberto Duque, who was denied survivor's pension benefits on the grounds that under Colombian law only heterosexual couples qualify for such rights. Duque, who was diagnosed with HIV, pursued legal action out of necessity; he needed both protection of his right to a pension and his rights under the American Convention on Human Rights. Colombia, the Court explained, had failed to provide an objective and reasonable justification for the differential treatment. Despite Colombian legislation having changed since the suit was filed, a three-year statute of limitations applied to survivor's pension claims. It was therefore unclear whether Duque would receive compensation back to 2002-when he filed the claim-by relying on internal remedies. Bermidez Alarc6n explains that the obligation to retroactively provide survivor's benefits led the Court to award monetary and other reparations. Professor Angela B. Cornell of Cornell University Law School discusses Advisory Opinion oc-22 of the Inter-American Court. In this opinion, the Court addressed the legal standing of trade unions before OAS human rights entities. The main question was whether nonhuman or legal entities meet the definition of person under Article 1(2) of the American Convention in order to have standing before the Court. The Court considered the object, purpose, and context of the treaty in light of dynamic interpretation of human rights instruments and conducted a comparative investigation of international © VAN DER HEIJDEN, 2017 DOI 10.1163/24056901-00301001 This is an open access article distributed under the terms of the Creative Commons Attribution- Noncommercial 4.0 Unported (CC-BY-NC 4.0) License. http://creativecommons.org/licenses/by-nc/4.0/

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