Stefania Rainaldi Redon

Profile

Thesis title

Is the concept of structural discrimination used by the Inter-American Court of Human Rights useful to address poverty?

Supervisors

• Professor Merris Amos
• Dr John Adenitire

Summary of research

The Inter-American Court of Human Rights (IACtHR) has linked structural discrimination and poverty in several cases. Whilst the concepts are related, the boundaries and relationship between them remain unclear. When determining if there has been structural discrimination, the IACtHR uses a substantive conception of equality. It has held that States must refrain from undertaking actions that create situations of discrimination, and it also requires the adoption of positive measures to reverse or modify the discriminatory situations. It has highlighted States' obligation to consider the groups of individuals who live in adverse circumstances with fewer resources, such as those experiencing extreme poverty, at-risk children and adolescents, and indigenous people. It has identified poverty as a factor that increases vulnerability to human rights violations. For example, the Case of the Workers of the Fireworks Factory in Santo Antônio De Jesus v. Brazil[1] concerned sixty-four people who lost their lives in a factory explosion. The victims were poor girls and women (in some cases pregnant) of African origin. In addition to finding specific human rights violations as a result of the explosion, the IACtHR found Brazil responsible for violating equality and non-discrimination principles on the ground of the poverty status of the victims. The Court held that as structural discrimination had increased the disadvantages of the victims, Brazil had violated Articles 1.1 and 24 of the American Convention on Human Rights. The purpose of this thesis is to investigate whether an international human rights court such as the IACtHR can usefully address poverty in this way, through using the concept of structural discrimination.

[1] The workers of The Fireworks Factory in Santo Antônio de Jesus and their families v Brazil, (Preliminary objections, merits, reparations and costs) IACtHR Serie C No. 407 (15 July 2020).

Research