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Cornell Law Faculty Publications

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2017

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Inter-American Court Recognizes Elevated Status Of Trade Unions, Rejects Standing Of Corporations, Angela B. Cornell Jan 2017

Inter-American Court Recognizes Elevated Status Of Trade Unions, Rejects Standing Of Corporations, Angela B. Cornell

Cornell Law Faculty Publications

The Inter-American Court was unanimous in concluding that legal entities do not have the standing to directly access the Inter-American system in a contentious process as presumptive victims. Corporations therefore will not be permitted to access the Court as victims of human rights transgressions, which the Court determined is limited to human beings, with two exceptions: trade unions and indigenous communities. Trade unions have standing as victims of human rights violations on their behalf and that of their members, but under certain limitations. This commentary focuses on the Court’s decision with regard to trade unions, but begins with a description …