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Results ( 9 ) : 2012 - 1.

Translation Challenges of the Inter-American Court of Human Rights and Cost-Effective Proposals for Improvement

Authors: Á. Paúl

Abstract: The Inter-American Court of Human Rights, a regional adjudicating body, is fairly influential in domestic legal systems in the Americas. Its case law has also importance in other international forums, which the Court promotes by translating its jud...

American Convention on Human Rights Articles 46(1)(a) and 46(2)(c): Achilles Heel or Trojan Horse?

Authors: A. Singh

Abstract: American Convention on Human Rights (henceforth the Convention) Articles 46(1) and 46(2) seek comprise yet appear to create ambiguity. In fact, Article 46(1) requires a complainant to exhaust domestic remedies and file their petition to the Inter-A...

Measures of Reparation for Victims of Gross Human Rights Violations: Developments and Challenges in the Jurisprudence of Two Regional Human Rights Courts

Authors: G. Citroni

Abstract: The notions of victims of and measures of reparation for gross human rights violations have consistently evolved over the years. This contribution aims to analyse such development and the existing discrepancies in the jurisprudence of the European ...

The Institutionalization of People with Mental Disabilities: Comparative Analysis between Its Treatment under the Inter-American and European System of Human Rights

Authors: E. Acuña Pereda

Abstract: People with mental disabilities are among the groups whose rights are most violated today. Mainly, they are not considered capable of making their own decisions, and they are placed in mental institutions without their consent and without the oppor...

Interpreting the European Convention: What can the African Human Rights System Learn from the Case Law of the European Court of Human Rights on the Interpretation of the European Convention?

Authors: L. Burgorgue-larsen

Abstract: The methods of interpretation under the European Convention on Human Rights range from multifaceted judicial activism to judicial restraint aimed notably at avoiding needless antagonisation of the States. On the one hand, the Court’s judicial activ...

Gobernar desde abajo: Del control de convencionalidad a la instrumentalización de la inversión estructural de la pirámide kelseniana

Authors: N.E. Garay Boza

Abstract: The conventionality control established by the Inter-American Court of Human Rights is a platform from which we can envision new ways of thinking the Law, and we expose here one of them, specifically a model whereby lower-rank norms may have consti...

Advocacy for a U.S. Commission of Inquiry on Torture in the Context of the “War on Terror” Inspired by the Latin American Experience: Chile and El Salvador

Authors: Y.A. Romaña-rivas

Abstract: The main purpose of this paper is to discuss how a truth commission could be a pertinent and an effective tool to reveal the truth about allegations of torture by the United States (U.S.) government in the context of the war on terror. Two examples...

El sistema africano: Pilar más incipiente de la trilogía de mecanismos regionales de salvaguardia de los derechos humanos

Authors: E. Tardif

Abstract: After Europe and America, Africa is the third continent in implementing a human rights protection system, based on a series of legal instruments which have as a focal point the African Charter on Human and Peoples’ Rights, an array of political and...

Implementation of Judgments: Should Supervision be Unlinked from the General Assembly of the Organization of American States?

Authors: J. Schneider

Abstract: Implementation of judgments of the Inter-American Court of Human Rights remains the weakest point of the Inter-American human rights protection system. At the end of 2011, out of 136 cases decided by the Court, 124 were still open for supervision. ...