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Reparations: A Comparative Perspective, Fernanda G. Nicola
Reparations: A Comparative Perspective, Fernanda G. Nicola
Articles in Law Reviews & Other Academic Journals
This article focuses on the treatment of reparations in recent jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ). In the so-called “prisoner cases,” Assanidze v. Georgia and Ilascu and Others v. Moldova and Russia, the ECHR moved beyond its previously limited approach to reparations by finding that continued detention of the lawsuit applicants would entail a prolonged violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and then asking the States to immediately release the prisoners. The author then turns to ECJ immigration cases Zhu v. Sec’y of …
Reparations Of The Inter-American Human Rights System In Cases Of Gross And Systemic Violations Of Human Rights: The Colombian Case, Diego Rodriguez-Pinzon
Reparations Of The Inter-American Human Rights System In Cases Of Gross And Systemic Violations Of Human Rights: The Colombian Case, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
The author uses the case of Colombia, a country with which the inter-American human rights system has dealt in the last twenty-five years, as an example to try to illustrate how the Inter-American Human Rights Commission and Inter-American Court for Human Rights have balanced the issue of remedies and reparations with the difficult task of repairing gross and systematic violations. The case of Colombia provides some insight on how international mechanisms are implemented in this region and, particularly, how some of Colombia’s official institutions and non-governmental organizations are trying to engage in a dialogue at the international level in order …
Reparations: A Remedies Law Perspective, Darren L. Hutchinson
Reparations: A Remedies Law Perspective, Darren L. Hutchinson
Articles in Law Reviews & Other Academic Journals
This article provides a general overview of reparations discourse in the United States and offers suggestions concerning how advocates of reparations might frame their claims. The author discusses how remedies law might be a useful means of redress for litigants and examines some of the political and legal barriers to reparations in the United States. The barriers include the failure of opponents to treat remedies for gross human rights or civil rights deprivations as a public good, rather than as a series of private transactions that benefit or burden individuals. The author ultimately sets the litigation model aside as providing …