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Results ( 7 ) : 2015 - 1.

Torture, Military Jurisdiction and Conventionality Control: The Evolving Use of Cabrera García and Montiel Flores to Challenge Endemic Human Rights Violations in the Mexican Justice System

Authors: S. Erin Brewer, J. Sáenz Andujo

Abstract: This article examines the domestic impact of the Inter-American Court of Human Rights’ judgment in Cabrera García and Montiel Flores v. Mexico (known as the “Ecologists Case”). After briefly summarising the facts, judgment and state of compliance o...

Speculating on the Future of the Torture Victim Protection Act (TVPA) After Mohamad and Kiobel

Authors: F. Seatzu

Abstract: The years 2011–2013 witnessed growing judicial interest in the Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA), the two main “weapons” for civil law claims before US courts. This interest culminated in 2012 and 2013 with the a...

Amnesty Laws and the Inter-American Court of Human Rights

Authors: G. Miniuci

Abstract: This article focuses on four cases heard by the Inter-American Court of Human Rights that deal with the amnesty laws in Brazil, Chile, Peru and Uruguay. In this analysis, from a theoretical perspective that owes much to Robert Alexy and Martti Kosk...

La jurisprudencia de los órganos internacionales de derechos humanos sobre el derecho al contacto entre niños y padres, y la obligación de pronta restitución de menores en caso de secuestro internacional

Authors: B. Arp

Abstract: In situations of parental child abduction the abducting parent oft en prevents the other parent from maintaining any contact with the child. The Hague Convention on the Civil Aspects of International Child Abduction provides for a framework of coop...

New Trends on the Right to Non-Discrimination in the Inter-American System of Human Rights

Authors: J.L. Caballero Ochoa, M. Aguilar Contreras

Abstract: Nowadays, one has started to study the principle of non-discrimination as an independent right, and not just as a general principle, susceptible of being violated autonomously. This perspective is the result of some paradigmatic cases which not onl...

The Emergence of the Right to Water in the Inter-American Court of Human Rights

Authors: J. Murillo Chávarro

Abstract: The human right to water started to emerge in the inter-American human rights system in the last decade. Even though none of the conventions on human rights that are in force in this regional system incorporate the human right to water, the Inter-A...

The Need to Deal with All Missing Persons Including those Missing as a Result of Armed Conflict, Disasters, Migration, Human Trafficking, and Human Rights Violations (including Enforced Disappearances) in International and Domestic Law and Processes

Authors: J. Sarkin

Abstract: This article examines the issues concerning missing people in the domestic and international context. Who they are, how many have gone missing and for what reasons people go missing, are analysed. The definition of what is, and what should be, a mi...