Legal Material

Case of Yatama v Nicaragua, Yapti Tasba Masraka Nanih Asla Takanka (‘YATAMA’) v Nicaragua, Preliminary objections, merits, reparations and costs, IACHR Series C no 127, IHRL 1511 (IACHR 2005), 23rd June 2005, Inter-American Court of Human Rights [IACtHR]



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Whether Nicaragua’s denial of members of an indigenous regional political party to register to run in municipal elections, and the subsequent appeals procedure carried out pursuant to Nicaragua’s Electoral Act No 331 violated the victims’ rights to judicial guarantees in Article 8(1) and judicial protection in Article 25 of the American Convention on Human Rights (‘ACHR’), in relation to Articles 1(1) and 2.

Whether the same denial also violated the victims’ right to participate in government in Article 23 and right to equal protection in Article 24 of the ACHR, in relation to Articles 1(1) and 2.

Keywords: Democracy; Discrimination; Due process; Indigenous peoples

Legal Material.  73554 words. 

Subjects: International Responsibility ; Relationship Between International and Domestic Law ; Public International Law ; International Law ; Law

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