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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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