REFLECTIONS OF THE INTER-AMERICAN COURT ON THE ARGENTINE COLLECTIVE PROTECTION: ABORIGINAL COMMUNITIES ASSOCIATION “LHAKA HONHAT” CASE

Abstract

For the first time, the Inter-American Court of Human Rights with a judgment dated February 6, 2020, analyzes the Argentine collective amparo action in the case: Indigenous Communities members of the Lhaka Honhat Association (Our Land) vs. Argentina (Indigenous Communities). The case is novel. The regional body pronounces on two collective protection actions in domestic law, which deal with central issues of admissibility regulated in
Article 43 of the National Constitution and Articles 8 and 25 of the American Convention on Human Rights, considering among other issues the access to justice, the appropriate judicial means, arbitrariness and manifest illegality, and
the guarantee of a reasonable time.