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2001: Pagura Workers' Union et al. v. State of Alta Caledonia Bench Memorandum

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Chapter Summary

The Inter-American Court of Human Rights has jurisdiction pursuant to Article 62 of the Inter-American Convention on Human Rights.The petition meets all admissibility requirements established in the Rules of Procedure and the Convention including: 1) exhaustion of domestic remedies; 2) timing; 3) duplication of proceedings; and 4) tendency to establish a violation.For the first issue, because the final jurisdiction rests with the local CCA, the Petitioners have exhausted domestic remedies, including the accion de tutela process. For the second and third issues, the Petitioners contend that it is most likely the national Supreme Court that upheld the issue since the agencies that first decided the issues were national agencies, including the national CCA and the Ministry of Labor.

Keywords: Human Rights; Inter-American Court; Ministry of Labor; Petitioner; Winning Memorial

10.1163/ej.9789004162594.1-970.109
/content/books/10.1163/ej.9789004162594.1-970.109
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