no9-the-impact-of-the-national-and-international-legal-systems-on-human-rights-in-latin-america-june-1982-56-pp

2016 ◽  
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Legal Systems ◽  
The Impact

Domestic Investigation and Prosecution of Atrocities Committed during Military Operations: The Impact of Judgments of the European Court of Human Rights

2013 ◽  
Vol 46 (3) ◽  
pp. 369-404
Author(s):  
Silvia Borelli
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Full Potential ◽  
Remedial Measures ◽  
Legal Systems ◽  
Military Operations ◽  
Council Of Europe ◽  
Proactive Approach ◽  
European Court ◽  
The Impact

The undeniable impact of the European Convention on Human Rights on the legal systems – and the wider society – of Member States of the Council of Europe would not have been possible without its unique monitoring system, centred around the European Court of Human Rights and the Committee of Ministers of the Council of Europe. The present article assesses the extent to which the European Court's judgments that have found violations of the procedural obligations under Articles 2 and 3 of the Convention to investigate unlawful killings, disappearances, acts of torture or other ill-treatment have, in fact, led to an improvement in the capability of the domestic legal systems of states parties to ensure accountability for such abuses. On the basis of four case studies, it is concluded that the European Court's judgments, coupled with the supervisory powers of the Committee of Ministers, have the potential to make a very great impact on the capability of domestic legal systems to deal with gross violations of fundamental human rights, and have led to clear and positive changes within the domestic legal systems of respondent states. Nevertheless, this is by no means always the case, and it is suggested that, in order for the Convention system to achieve its full potential in the most politically charged cases, the European Court should adopt a more proactive approach to its remedial powers by ordering specific remedial measures, to include in particular the opening or reopening of investigations.

scholarly journals Thinking Systemically About Transitional Justice, Legal Systems, and Resilience

2021 ◽  
pp. 530-550
Author(s):  
Janine Natalya Clark
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Theory And Practice ◽  
Legal Systems ◽  
Social Environments ◽  
Human Rights Abuses ◽  
Resilience Thinking ◽  
Systemic Impact ◽  
Resilience Framework ◽  
The Impact

Transitional justice refers to the set of judicial and non-judicial processes that societies may use to deal with legacies of past human rights abuses and atrocities. While the field is rapidly expanding, to date there are almost no systematic analyses of transitional justice within a resilience framework, or vice versa. The purpose of this chapter is to address that gap and to demonstrate why resilience is highly relevant for transitional justice theory and practice. It argues that resilience thinking can enhance the impact of transitional justice on the ground, by contributing to the development of more ecological approaches to dealing with the past that locate individuals within their broader social environments. The chapter also reflects on the conceptual and empirical utility of resilience as a concept that opens up a space for analyzing the wider societal and systemic impact of legal systems more generally.

Constructing “The Same Rights with the Same Names”: The Impact of Spanish Norm Diffusion on Marriage Equality in Argentina

2012 ◽  
Vol 54 (4) ◽  
pp. 29-59 ◽  
Author(s):  
Elisabeth Jay Friedman
Keyword(s):  
Human Rights ◽  
Latin America ◽  
External Force ◽  
Development Aid ◽  
Marriage Equality ◽  
Sexual Diversity ◽  
Resource Transfer ◽  
Norm Diffusion ◽  
The Impact ◽  
Strategic Consulting

AbstractThis article argues that Spain has been the driving external force in the advancement of LGBT rights in Latin America, from marriage in Argentina to the regional recognition of “sexual diversity rights” as human rights. Acting as “norm entrepreneurs,” Spanish activists and organizations, relying on development aid, have promoted their perspectives through two approaches: strategic consulting and resource transfer. Their diffusion is illustrated primarily by the Argentine case. There, activists underwritten by Spanish resources have borrowed Spanish strategies to achieve “the same rights with the same names.” Besides broadening our understanding of the struggle for LGBT equality in Latin America, this article deepens the explanation of norm diffusion, focusing on emergence. In this stage, specific individuals and organizations deliberately select appropriate “targets” for and moments of intervention. But norm “receptors” must also be ready for action.

The Inter-American Court of Human Rights

2018 ◽  
Author(s):  
Alexandra Huneeus
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Case Studies ◽  
Latin American ◽  
Constitutional Reform ◽  
Constitutional Order ◽  
The Impact ◽  
Latin American Countries

This chapter seeks to explain why the impact of the Inter-American Court of Human Rights varies greatly across the different Latin American countries under its jurisdiction. Three case studies suggest that the uneven spread of constitutional ideas and practices across Latin America helps shape the type of authority the IACtHR exerts. In Colombia, where neoconstitutionalist lawyers were able to successfully ally themselves with reformers and participate in the construction of a new constitution and court starting in 1991, the Court now enjoys narrow, intermediate, and extensive authority. In Chile, where constitutional reform was muted, and neoconstitutionalist doctrines have not found strong adherents in the judiciary, the IACtHR has achieved narrow authority and, at times, intermediate authority. In Venezuela, neoconstitutionalism was sidelined as the new Bolivarian constitutional order was forged. Meanwhile, the Mexican case study suggests that the neoconstitutionalist movement can also work transnationally.

The Impact of Human Rights Trials in Latin America

2007 ◽  
Vol 44 (4) ◽  
pp. 427-445 ◽  
Author(s):  
Kathryn Sikkink ◽  
Carrie Booth Walling
Keyword(s):  
Human Rights ◽  
Latin America ◽  
The Impact

Gandhi’s Satyagraha and its Legacy in the Americas and Africa

Social Change ◽  
2021 ◽  
Vol 51 (1) ◽  
pp. 23-37
Author(s):  
Beatriz Bissio
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Jim Crow ◽  
First Century ◽  
The Us ◽  
State And Local ◽  
Civil War Era ◽  
The 1960S ◽  
The Impact

The article addresses the impact of Mahatma Gandhi’s ideas in the US, Latin America and Africa, especially on important political figures. The influence of Gandhi’s ideas in Latin America started very early in the twentieth century. By 1930 and perhaps even earlier, important Latin American intellectuals began to refer to Gandhi, one of whom was José Carlos Mariátegui. Gandhi’s non-violent struggle also had a great impact in America, particularly in the 1950s and the 1960s, the years of peak resistance against the Jim Crow laws––a collection of state and local statutes that legalised racial segregation which had existed for about 100 years from the post-Civil War era until 1965. In the twenty-first century, the Satyagraha philosophy motivated those who were involved in the struggle for human rights, the defenders of indigenous peoples and those fighting against globalisation. We can include among them the Argentinian Nobel Peace Prize awardee Adolfo Pérez Esquivel whose work in the defence of human rights and non-violent resistance forcefully showed the influence of Gandhi and his powerful legacy.

Jurisdiction and International Territorial Administration

2019 ◽  
pp. 528-552
Author(s):  
James Summers
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Legal Systems ◽  
Complex Environment ◽  
International Crimes ◽  
The Impact

This concluding chapter discusses jurisdiction and international territorial administration. Such territorial administration regimes have been created where international organizations or states collectively have had to step in to stabilize or reconstruct a particular country or region, and this kind of administration creates a very distinctive and complex environment for jurisdiction. The chapter then explores five different aspects of jurisdiction in relation to these administrations. First, it looks at the basis on which these bodies might assert jurisdiction over a territory and its people. Second, it examines how this jurisdiction can be exercised within the domestic legal systems of these territories. Third, it investigates jurisdiction over international crimes, which may be shared between different international bodies. Fourth, it considers the impact of international organizations’ immunities on jurisdiction, including, fifth, their significance for human rights jurisdiction.

scholarly journals Asia Pacific Regional Organisations and Japanese Domestic Law

1998 ◽  
Vol 28 (3) ◽  
pp. 493
Author(s):  
Makitaro Hotta
Keyword(s):  
Human Rights ◽  
Legal Issues ◽  
Asia Pacific ◽  
Legal Systems ◽  
Regional Organisations ◽  
The Impact ◽  
Domestic Law ◽  
Rights Issues

This is the first part of a two part article on the impact of regionalisation on domestic legal systems with reference to Japan.  Part I deals with international and regional organisations and their structure.  Domestic legal issues in Japan under Asia Pacific regionalism will be examined in Part II, with particular reference to human rights issues and will be published in the next issue of the Yearbook.

Human Rights on the March: Repression, Oppression, and Protest in Latin America

2019 ◽  
Author(s):  
James C Franklin
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Criminal Justice ◽  
Latin American ◽  
Justice System ◽  
Political Repression ◽  
Human Rights Abuses ◽  
Human Rights Movement ◽  
The Impact ◽  
Latin American Countries

Abstract This research examines the impact of human rights protests on human rights abuses in seven Latin American countries—Argentina, Brazil, Chile, Guatemala, Mexico, Nicaragua, and Venezuela. I find that protests focused broadly on human rights are associated with significant declines in human rights abuses, controlling for important factors from previous studies. Furthermore, I argue that it is important to distinguish political repression (abuses that target political activists) from coercive state oppression, which has nonpolitical targets. These two types of abuses respond to different factors, but broadly focused human rights protests are found to decrease both types of abuses. I argue further that a strong human rights movement, indicated by frequent human rights protests, discourages the police abuses associated with oppression by raising the likelihood of accountability for such abuses, including by improving the likelihood of reforms to the criminal justice system.

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