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The Pending Task of Construing the Meaning of the Rights of the Family in the Jurisprudence of the Court

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Chapter Summary

Article 17 of the American Convention on Human Rights is concerning the rights of the family. In the Inter-American system so far, the rights of the family have not been part of a central claim in a contentious case before the Court. Article 17.1 has been raised though in the Molina Theissen case, in the Gómez Paquiyauri Brothers case, in the Serrano Cruz Sisters case, and in the Yean and Bosico children case. When protecting the right to humane treatment on the part of the prisoners and their relatives, the right to family appears to have been a parcel of the notion of the right to a humane life. As relatives of the prisoners who have been affected by the incommunicado measures (lack of contact with their parents) all children of the prisoners identified for the purposes of implementation of the judgment were entitled to compensation.

Keywords: American Convention on Human Rights; compensation; incommunicado measures; Inter-American Court; right to humane treatment; rights of the family



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