scholarly journals Precautionary role of preventive prisonin the Inter-american System of Human Rights : Critical analysis of the legislation of La Pampa

Perspectivas ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 86-106
Author(s):  
Andrés Aníbal Olié ◽  
Keyword(s):  
Human Rights ◽  
Critical Analysis ◽  
American System

scholarly journals Inter-American System of Human Rights - A Critical Analysis

2014 ◽  
Vol 19 (11) ◽  
pp. 17-23
Author(s):  
Muhammad Nasir Uddin ◽  
◽  
Md Yasin Khan Chowdhury ◽  
Md. Easin
Keyword(s):  
Human Rights ◽  
Critical Analysis ◽  
American System

scholarly journals Implementation of the recommendations of the Inter- American Commission on Human Rights in the Brazilian constitutionalism: proposals and perspectives

2021 ◽  
Vol 7 (1) ◽  
pp. 96-119
Author(s):  
Melina Girardi Fachin ◽  
Flávia Piovesan
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Retrospective Analysis ◽  
Latin American ◽  
International System ◽  
Case Law ◽  
American System ◽  
Methodological Research ◽  
Transformative Potential

Based on the study of some Brazilian cases submitted to the Inter-American Commission on Human Rights, this article aims to identify proposals to overcome common Latin- American challenges in the implementation of international recommendations. In the first part, in a retrospective analysis, several emblematic Brazilian cases and their domestic impacts and changes are addressed. In a second part, with a prospective view guided by the domestic contributions to which the Inter-American System is oriented, highlights the current system’s challenges. At this stage, proposals to overcome challenges are outlined, especially regarding the obstacles to implement the Commission’s recommendations, where the main results of the article arise. The reason for this study stands on the conviction that the compliance with international recommendations is the element that guarantees the exercise of the transformative potential of Human-Rights Systems. With the methodological research based on a bibliographical research and case law, the role of the Inter-American Commission is redesigned in the light of a dialogical triad composed by the organs of the International System, the States constitutionalism and organised civil society.

scholarly journals Admissibility of evidence before the Inter-American Court of Human Rights

2017 ◽  
Vol 13 (2) ◽  
pp. 653-676
Author(s):  
Álvaro Paúl
Keyword(s):  
Human Rights ◽  
Case Law ◽  
American System ◽  
Relevant Case ◽  
Made In ◽  
Do So

Abstract The Inter-American Court of Human Rights performs a wide evidentiary analysis, which tends to be very flexible in its admission of evidence. This paper tries to decipher the extent, applicability, and content of the Court’s admissibility rules, both the norms established by the Court itself, and those that the Court is obliged to follow. In order to do so, this article will analyze the relevant case law of the Court and provide some examples. Within this analysis, this article refers in depth to some unclear rulings that the Court has made in relation to the exclusion of evidence obtained via coercion, some of which seem to clash with the central role of truth in the Inter-American system.

The Role of National Human Rights Institutions in Implementing Decisions of the Inter-American System: Three Recent Examples from Costa Rica

2020 ◽  
Vol 12 (1) ◽  
pp. 217-223
Author(s):  
Montserrat Solano Carboni
Keyword(s):  
Human Rights ◽  
Costa Rica ◽  
Potential Role ◽  
American System ◽  
National Human ◽  
The Future ◽  
National Human Rights Institutions

Abstract This practice note reflects on the potential role that national human rights institutions could play to promote implementation of judgments and decisions from supranational human rights bodies. In particular, it reflects on the experience the author had as head of one such institution in Costa Rica and the role she played promoting compliance by Costa Rica with cases decided by the Inter-American Court. She writes about the changing landscape of national human rights institutions in the Americas region and their potential in the future to impact implementation.

scholarly journals The Inter-American Human Rights System and the Truth Commissions

2017 ◽  
Vol 12 (47) ◽  
pp. 55-76
Author(s):  
Melina Ocampo González ◽  
Javier Ramirez Escamilla
Keyword(s):  
Human Rights ◽  
El Salvador ◽  
Latin American ◽  
Truth Commissions ◽  
American System ◽  
Peace Processes ◽  
The Right

This paper analyses the Inter-American System and the experiences of Truth Commissions in Latin American to answer the question whether or not the Inter-American System has gone beyond these experiences in the pursuit of the Right to Truth. For the above, we examine the imposition of amnesty laws that spoiled the peace processes in Argentina, Chile, El Salvador, Guatemala and Peru and the role of the Inter-American Commission in these cases.

scholarly journals The Role of the Judiciary in the Promotion of Democracy and Human Rights in Cameroon

2015 ◽  
Vol 8 (1-2) ◽  
pp. 145-173 ◽  
Author(s):  
Avitus Agbor
Keyword(s):  
Human Rights ◽  
Paradigm Shift ◽  
Critical Analysis ◽  
Critical Role ◽  
Judicial Activism ◽  
Legal Systems ◽  
State Party ◽  
International Human Rights ◽  
International Human

The ratification and domestication of international human rights instruments could be used as indices to determine a state’s commitment to the promotion and protection of, and respect for, human rights. Within municipal legal systems, the judiciary is one of the stakeholders to fulfil these tasks. As one of the organs of government, it can play a critical role in defining the content and evolution of both democracy and human rights. Even though a state party to numerous international human rights instruments, a critical analysis of Cameroon’s institutional mechanisms reveals that there is a conspicuous incompatibility between these institutional mechanisms and the ideals of democracy and human rights. More specifically, the power of the judiciary, as stipulated in the Constitution, is very limited. This parochial mandate has had a heavy toll on first, the democratic evolution of the country; and secondly, on ensuring the promotion, protection of, and respect for, human rights. This paper argues that the judiciary in Cameroon should play a role in enhancing democracy and human rights. To do this, the judiciary must undergo a paradigm shift from a complacent and disturbing judicial inertia to judicial activism.

scholarly journals Protección a la vivienda en las sentencias de la Corte Interamericana de Derechos Humanos: escenarios y cumplimiento

2020 ◽  
pp. 15-45
Author(s):  
Magda Yadira Robles Garza ◽  
Keyword(s):  
Human Rights ◽  
Social Groups ◽  
The State ◽  
The Other ◽  
American System ◽  
Derechos Humanos ◽  
Role Of The State ◽  
The Right ◽  
National Governments

Protection for people or social groups that do not have a home or who have it lost because of wars, internal or external displacement, violence and insecurity, require special attention from States. To address this approach, the criterion or standard established in the Inter-American System of Human Rights with respect to the protection of this right through the connection of rights will then be analyzed. The judgments could set out the standard of protection that from national governments must be afforded to people who lose their homes in these contexts and, on the other hand, the role of the State in complying with these claims, in order to conjecture the autonomous declaration of the right to housing in the judicial headquarters of the region of the Americas.

Human Rights in EU Trade Policy

2021 ◽  
pp. 645-681
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
Trade Policy ◽  
Critical Analysis ◽  
Bilateral Trade ◽  
Trade Negotiations ◽  
External Trade ◽  
Early Assessment ◽  
Treaty Of Lisbon ◽  
Trade Relations

This chapter explores the role of human rights in EU trade policy. Ever since the entry into force of the Treaty of Lisbon in 2009, the EU has made the promotion of human rights an integral part of its trade relations with third countries. It has done so by requiring all external trade, cooperation, partnership, and association agreements, including unilateral preference regimes, to incorporate a variety of human rights commitments. After briefly sketching the general nexus between human rights and trade, the chapter outlines the gradual integration of human rights priorities into EU trade policy. It then provides a critical analysis of the various ways in which these commitments and strategic priorities have been operationalised through unilateral preference regimes as well as through regional and bilateral trade agreements, and includes an early assessment of the Union's use of sustainability impact assessments for trade negotiations. Finally, the chapter offers some critical remarks on the EU's promotion of human rights in trade.

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