a trans-generational approach—do not allow for backwards movement in this
understanding.
145. Indeed, the immediate justiciability of ESCER has been fully absorbed into the
language of the American human rights protection system, transforming it into a
category that is fundamental for addressing the urgent problems facing the peoples
of the continent, impacted by profound material inequalities. This category is,
therefore, an integral part of the approach to be taken in future legal proceedings.
146. These conclusions are certainly not the conclusion of the process of building
this case law. On the contrary, the groundwork laid in this case and in many others
that go before it is to provide continuity and develop deeper reflections on the Court’s
delicate role in cases of violations of ESCER. In my opinion, the foundations have
been laid for debating and developing techniques for making decisions and the
remedies to apply. This is where the contributions of all the arguments—both
victorious and defeated—will be crucial for arriving at appropriate remedies.
Rodrigo de Bittencourt Mudrovitsch
Judge
Pablo Saavedra Alessandri
Registrar
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