Legal Persons and Entitlement of Fundamental Rights under the Criteria of the Inter-American Court of Human Rights: Counterpoint to the Chilean Case

Abstract

The text examines the concept of entitlement of fundamental rights as interpreted by the Inter-American Court of Human Rights, particularly in Advisory Opinion oc-22/16, on Human Rights Entitlement of Legal Entities in the Inter-American Human Rights System. The Court’s interpretation has restricted the scope of human rights entitlement to individuals or natural persons, with only certain exceptions. The paper evaluates the reasons behind this interpretation and how it should be coordinated in relation to the constitutional law of the States parties, analyzing the Chilean case for this purpose.