The unpacking method to analyze cases of human rights violations

Abstract

The analysis of cases in the legal context requires the application of methodological tools to perform efficient work. The unpacking method is nothing more than a tool that allows unpacking the content of each human right, translating this hierarchical content of obligations that the State has, so that, in cases of violations, it can be determined in what level occurs the same. Unpacking the content of a right assumes that not all obligations in the field have the same level, but that they go from general obligations to specific duties and, in their most concrete instance, have institutional elements. Knowing this hierarchy, it will be easier and clearer to determine human rights violations. This work serves to show what these different levels are, what they consist of and thus expose some examples in which the application of the method turns out to be the best tool to argue the violation of a right, whether due to affectations at the more general level, or well, it is necessary to unpack its content to its most specific element.