Commentary on the Inter-American Court of Human Rights Judgment in the Indigenous Communities of the Lhaka Honhat Asociation (Our Land) vs Argentina case

Abstract

The argumentation offered by the Inter-American Court of Human Rights to condemn the Argentine State for violation of the indigenous community collective right to property is critically evaluated, highlighting two argumentative deficits: the absence, in its reasoning, of the interests of the “criollo” families who were in a state of vulnerability and the contra- diction of the final decision. The expansion carried out by the Court on its jurisdiction towards environmental rights, the right to food, and the right to water is then submitted for examination, which in this case was unnecessary and also does not satisfactorily assume the institutional challenges implied by that decision.