Forty years after the creation of the Inter-American Human Rights Court, economic, social and cultural rights passed through its doors and arrived to stay?

Abstract

The purpose of this article is to reconstruct the argumentative lines used by the Inter-American Court of Human Rights until the resolution of the case Poblete Vilches et al. v. Chile, which for the first time declares a violation of article 26 of the American Convention on Human Rights in regards to the provision of basic measures (minimum content), insofar as the Chilean State did not guarantee the right to health. I argue that this decision of the Inter-American Court represents a major step forward in recognizing the justiciability of economic, social and cultural rights in the Latin American context, where there is a violation of the minimum content of the law that affects a particularly vulnerable group (older adults).