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1997: Cecilia Herold et al. v. Pacifica Bench Memorandum

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Chapter Summary

This hypothetical case deals with three women belonging to the Coalition for Community Renewal, a political party in the State of Pacifica, whose application for bank loans for the purchase of computers were rejected by the First Provincial Bank of Concordia. The three Applicants began legal proceedings against the Bank, alleging violations of Article 5 of the Constitution of Pacifica, and seeking a declaratory judgment. The chapter provides a legal analysis of the case, and focuses on five issues: (1) admissibility: the Applicant's claim should be dismissed as inadmissible under Article 46 of the American Convention of Human Rights; (2) the competence of the Inter-American Court of Human Rights; (3) State action: the petition should be dismissed for failure to establish State action; (4) failure of the petition to establish violations of the American Convention; and (5) request for relief.

Keywords: American Convention of Human Rights; Coalition for Community Renewal; Constitution of Pacifica; First Provincial Bank of Concordia; Inter-American Court of Human Rights; winning memorial



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