IS THERE SPACE FOR AN INTER-AMERICAN RACIAL JUSTICE? NEW PROTECTIVE STANDARDS FROM THE CASE ACOSTA MARTÍNEZ Y OTROS VS. ARGENTINA

Abstract

Racial discrimination encompasses concepts that are structured through moral, political and legal
biases, responsible for indicating the compromise of citizenship values through the non-recognition
of racial minorities as competent social actors. The article aims to analyze whether or not there is
space to affirm the gradual jurisprudential construction of an Inter-American racial justice. For this,
the idea of racial discrimination as a juridical-social category and the regional standards set by the
Inter-American Court of Human Rights in the case of Acosta Martínez y Otros vs. Argentina (2020),
which revived the debate on racism and arbitrary imprisonment of black people based on racial
profiles. Discussions about racial discrimination in the region are sparse. The affirmation of the
protective standards in the case realigned the constructive proposal for Inter-American racial justice.

1 O artigo é resultado de reflexões construídas no âmbito do Programa de Pós-Graduação em Direito da UNESP Franca sobre