Law Commons^™

A Radiographic Analysis Of Compliance With The Decisions Of The Inter-American Court Of Human Rights, Max Silva Abbott

ILSA Journal of International & Comparative Law

This study examines the compliance level of all Inter-American Court of Human Rights judgments until December 31, 2018. The paper contrasts the data on implementation with the majority narrative regarding the degree of influence that the Inter-American Court has in protecting human rights. It also includes an Annex listing all court cases and judgments until December 2018 (Judgements on Merits, Complementary Judgments, Provisional Measures, Monitoring Compliance with Judgment and Reimbursement), and their corresponding implementation status (full compliance, partial compliance, unfulfilled, pending).

Can Domestic Courts Adequately Address Past Torture? The García-Lucero Case And The Meeting Of Justice And Reparations Obligations For Chilean Torture Survivors, Cath Collins

Transitional Justice Review

The Americas, home to perhaps the most concerted domestic court effort to prosecute past atrocity crimes in recent times, also has a two-tier regional human rights system that came of age in the era of mass violations in 1970s and 1980s Latin America. Inter-American Court of Human Rights (IACtHR) jurisprudence since the late 1990s can be understood as creating a strong presumption of a present duty to prosecute such crimes, and to actively guarantee corresponding rights to truth, justice, reparations and guarantees of non-repetition – transitional justice rights – to affected individuals or groups. The recent, 2013, IACtHR verdict in …

Inverting Human Rights: The Inter-American Court Versus Costa Rica, Robert S. Barker

University of Miami Inter-American Law Review

Costa Rica has for many years been deeply and genuinely committed to the worldwide rule of law and, in particular, to the protection of human rights through the inter-American legal system and to the jurisprudence of the Inter-American Court of Human Rights.

In the year 2000 Costa Rica’s Constitutional Chamber declared unconstitutional the country’s program of in-vitro fertilization, primarily because the program violated the right to life as guaranteed by the national Constitution and by international conventions, in that the in-vitro fertilization process exposed large numbers of embryos to death, as only a very small percentage of in-vitro fertilizations resulted …

History And Action: The Inter-American Human Rights System And The Role Of The Inter-American Commission On Human Rights, Robert K. Goldman

Robert K. Goldman

This article examines the historical origins of the Inter-American human rights system and key achievements of the Inter-American Commission on Human Rights over the past fifty years. The article also focuses on various notable activities and achievements of the Commission during three discreet periods between 1960 and 2004. It explores the Commission’s use of on-site visits and country reports to expose human rights violations of military governments during the 1970s and its increased use of the case system since the restoration of democratic rule in the 1990s. The article notes how key themes and shifts in US foreign policy, from …

History And Action: The Inter-American Human Rights System And The Role Of The Inter-American Commission On Human Rights, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

This article examines the historical origins of the Inter-American human rights system and key achievements of the Inter-American Commission on Human Rights over the past fifty years. The article also focuses on various notable activities and achievements of the Commission during three discreet periods between 1960 and 2004. It explores the Commission’s use of on-site visits and country reports to expose human rights violations of military governments during the 1970s and its increased use of the case system since the restoration of democratic rule in the 1990s. The article notes how key themes and shifts in US foreign policy, from …

News From The Inter-American System , Terri J. Harris

Human Rights Brief

No abstract provided.

News From The Inter-American System, Cathleen Caron

Human Rights Brief

No abstract provided.

News From The Inter-American System, Human Rights Brief

Human Rights Brief

No abstract provided.

Review Of The Inter-American Human Rights Digest , Juan M. Amaya-Castro

Human Rights Brief

No abstract provided.

News From The Inter-American System , Cathleen Caron

Human Rights Brief

No abstract provided.

Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci

Michigan Journal of International Law

Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention's reparations provision and compares that authority with that provided for in the European human rights system. Part III sets forth the Inter-American Court's procedures for determining reparations once State responsibility has been established. Part IV evaluates the parties who may receive reparations. Part V analyzes the types of reparations provided generally under international law and specifically in the Inter-American system. Part VI criticizes the Court's determination to grant only a small share of the reparations …