The Evolutionary Interpretation of the Right to Property by the Inter-American Court of Human Rights: An Analysis Based on the Judgment in the Case of 'Xákmok Kásek Community v. Paraguay'

Abstract

Abstract: The Universal Declaration of Human Rights (UDHR) has established itself as the most relevant international legal instrument for the protection of human dignity, establishing rights and principles intended to be universally recognized. Accordingly, the international system for the protection of human rights was founded upon the UDHR, creating protection mechanisms addressing various topics related to the subject. Influenced by the global protection system created by the UN, various regions sought to establish their own regional human rights protection systems. Particular emphasis is placed on the Inter-American regional system, which has distinguished itself in recent decades through the promotion of human rights, especially regarding the consolidation of a transformative and notably Latin American jurisprudence. In this context, this research aims to investigate the human rights standards for indigenous peoples established by the Judgment of the Inter-American Court of Human Rights in the case of Xákmok Kásek Community v. Paraguay. Therefore, to achieve the proposed objective, a theoretical literature review and a descriptive analysis of the aforementioned decision were conducted. Considered an appropriate method for the proposed research and to establish the logical basis of the investigation, the deductive method will be employed. Regarding the approach, this research is qualitative; regarding data analysis, it is exploratory in nature, identifying and analyzing phenomena related to the proposed subject, as well as the main perspectives on the topic.

Keywords: Inter-American Court of Human Rights. Xákmok Kásek Community. Evolutionary Interpretation of the Right to Property.