Although the direct justiciability of environmental law is not provided for in the Pact of San José, the consistent jurisprudence of the Inter-American Court in cases involving indigenous peoples has led to the development of a broad interpretation of Article 26 of the Pact. This interpretation, in the ruling in Inhabitants of La Oroya v. Peru, assumes a scope that guarantees third-generation rights. In this case, the Inter-American judge ruled for the first time in detail on the obligations of States regarding their duty to prevent, regulate, and punish environmental damage.

Although the Pact of San José does not recognize the direct justiciability of social rights, the proliferation of cases relating to retirement pensions had the effect of questioning the Inter-American Court, first of all about its powers in matters of social security and, secondly, on the definition of the content of article 26 of the Pact of San José. In the case of Muelle Flores v. Peru, the judge rules for the first time on the right to retirement as an integral part of economic, social and cultural rights, which is part of a case law favorable to the justiciability of social rights.

Published in Lima, but with contributions from authors from different countries from Latin America and Europe, this book presents a large part of the works exposed during the IV Peruvian-Franco-German Academic Meeting that in August 2017 brought together the Faculties of Law of the Technische Universität Dresden (Germany), from the Université Paris-Nanterre (France) and the ESAN University around the topic «Security and freedom ». This book consists of thirteen articles in various languages, spread over five chapters representing the current challenges of our democracies contemporary: I. The legal implications of the state of emergency. II. Security and migration borders. III. Terrorism, a changing threat. IV. Security issues in international law. V. Fight against corruption.