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Article

English, Spanish, Portuguese

ID: <

oai:doaj.org/article:3806fba5067b41efb64a5118b38c123c

>

·

DOI: <

10.18593/ejjl.20635

>

Where these data come from
International parameters for the effectiveness of cultural freedoms in the inter-American context

Abstract

O This work seeks to outline, in the legal and institutional context of the international system for the protection and promotion of human rights, jurisdictional parameters that promote the maximum effectiveness of cultural freedoms, mainly on the basis of inter-American regional mechanisms. To that end, an analysis was carried out of the contentious and consultative case-law of the Inter-American Court, the conventional legislation of other regional and global systems, the ruling of courts of other international systems in addition to bibliographic research. When constructing the research, material cuttings were taken into account in order to address the manifestations of cultural freedoms in the form of artistic and identity expression, the latter being autonomous in the choice of life plans themselves. It follows from this that cultural freedoms, as human and fundamental rights, must be protected in their broader expressions of expression by the State and society, with only legal restrictions appropriate to social reality being exceptionally imposed in order to prevent prejudice to other rights and national security, and subsequent civil redress for possible abuses of law.

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