Social rights and development: an approach to judicial activism in the Inter-American Court of Human Rights

The paper raises the issue about the justiciability of economic, social and cultural rights within the framework of the Commission and the Inter-American Court of Human Rights and how this can be analyzed within the theme of judicial activism. In order to do so, in the first moment this exposes the international norms regarding social rights, both in the United Nations system and in the Inter-American system. The same is done about the indivisibility and interdependence of human rights, allowing us to see how a balance of the protection of these rights is necessary, forming a unit in its protection. A more detailed examination of the Commission's and the Inter-American Court's action in the monitoring and petition system will then be carried out, in order to bring to the fore the way in which the Court has decided cases involving ESCR and how the jurisprudence has evolved in recent years, from the presentation of some concrete cases. In the end, it is argued that the current position of the Court could be considered as a form of judicial activism. The method used was the dialectic one, plus a bibliographic review and case analysis.