Is there anyone beyond capitalist social relations and abstract rights? Analysing the IACtHR innovative jurisprudence regarding collective (cultural) rights and its transformative potential.

Abstract

This research explores the transformative role of the Global South in innovative jurisprudence concerning (cultural) collective rights, transcending its conventional perception as a mere recipient of legal norms. Focusing on the Inter-American Court of Human Rights (IACtHR), the study investigates the impact of landmark cases worldwide and their potential challenges to the (neo)liberal capitalist system. Through an analysis and categorization of judgments, the research reveals that although the IACtHR has recognized collective rights through innovative interpretations, it falls short of posing a significant challenge to private property and capitalism. Additionally, it emphasizes the need for a collective and concrete vision of rights to achieve meaningful transformation. The study also finds a potential alliance among peripheral regions to foster innovative jurisprudence through court dialogue, which may lead to a more substantial transformational role in safeguarding collective rights.