Remedies without Rights? : Reparations and ESC Rights in the Inter-American System

Iris T. Figueroa, Columbia Law School

Abstract

This Note provides a summary of the remedies awarded in economic and social rights cases before the Inter-American Court. It argues that the Court's jurisprudence in this area has been characterized by a refusal to acknowledge violations of these rights while at the same time awarding a broad array of reparations to plaintiffs. Based on this trend, suggestions are offered to legal practitioners in order to bring about greater coherence in the Court's jurisprudence as well as improved enforcement of economic and social rights in the region.