The Inter-american Court of Human Rights and the unpublished tutelage of Social Rights: an analysis about the case indigenous communities Miembros de la Asociacion Lhaka Honhat vs. Argentina using the personality rights as a point of view

Abstract

The case about the indigenous communities miembros de la asociacion Lhaka Honhat vs. Argentina was a case judged by the Inter-American Court of Human Rights, in February 6, 2020. It had as main claim the recognition of ancestral property of these communities, related to the tax parcels 14 and 55 (which currently have the registration record 175 and 5557 from Rivadavia Department), from the province of Salta, in Argentina, which its area has about 643,000 hectares and borders Paraguay and Bolivia. This case did not just have a violation connected to the recognition of ancestral property right related to those communities’ land, but also there is the lesion to diverse rights linked with the occupation and the illegal activities that happened in this land, like the violation of the right to a healthy environment, of the right to cultural identity, of the right to food, of the right to water, namely, social rights, which were analyzed, in na unpublished way, by the Court in contentious case. So, the present paper aims to analyze this case by the point of view of the personality rights, and to answer the question: Were the sentence uttered by the Inter-American Court of Human Rights and its theses and the accountabilities signed on it in force as an effectivity instrument of the personality rights of these peoples, allowing the indigenous communities, victims on this case, to have the possibility of having a free and plenary personality development by what were determinate on it? Therefore, it will be used the hypothetico-deductive model and the methodology ruled by the jurisprudential analysis techniques and the bibliographic review.