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 Why Attacks on Civic Space Matter in Strasbourg: The European Convention on Human Rights, Civil Society and Civic Space

2019 ◽  
pp. 13-37
Author(s):  
Antoine Buyse
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Case Law ◽  
European Convention ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
European Court ◽  
Civic Space ◽  
Work First

This article explores the role of the European Convention on Human Rights in addressing the issue of attacks on civic space, but also the potential effects of shrinking civic space on Strasbourg’s work. First, an overview of the notions of civil society and civic space is given, linking these concepts to democracy and human rights. Subsequently, the formal and informal roles for civil society in the judicial decision-making are discussed. Finally, the substantive protection offered to civil society and civic space under the ECHR and the case-law of the European Court of Human Rights is analysed. This article argues that the differentiations in theory on the varying contributions of civil society to democracy and human rights are to a large extent reflected in Strasbourg jurisprudence. Even more importantly, the ECHR system and civil society benefit from each other. This is why the current attacks on civic space are not just a problem for civil society itself, but also for the work of the European Court: it is submitted that a shrinking of civic space can also negatively affect the Strasbourg system, as the two are intertwined to a considerable extent.Received: 06 July 2019Accepted: 10 October 2019Published online: 20 December 2019

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.

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.

Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

2014 ◽  
pp. 13-31
Author(s):  
Katarzyna Grzelak-Bach
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Case Law ◽  
Legal Order ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Basic Level

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

A National Treasure? The Role of Civil Society in Promoting and Enforcing Human Rights in the United Kingdom

2020 ◽  
Author(s):  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Civil Society ◽  
Negative Attitude ◽  
Civil Society Organizations ◽  
Economic Rights ◽  
The United Kingdom ◽  
The Impact ◽  
Social And Economic Rights

Abstract The article investigates the negative attitude towards civil society over the last decade in the United Kingdom and the repercussions for human rights. It considers this in the context of the United Kingdom government’s implementation of the policy of austerity. It reflects on the various policy and legal changes, and the impact on the campaigning and advocacy work of civil society organizations, particularly those that work on social and economic rights.

scholarly journals Religion and Education in Romania: Social Mobilization and the “Shadow” of the European Court of Human Rights

2018 ◽  
Vol 12 (S1) ◽  
pp. S79-S102
Author(s):  
Mihai Popa ◽  
Liviu Andreescu
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Public Education ◽  
Public Sphere ◽  
Case Law ◽  
Symbolic Capital ◽  
Social Mobilization ◽  
European Court

AbstractIn this article, we discuss the relation between the European Court of Human Rights (ECtHR) and its jurisprudence and social mobilizations around the place of religion in the society. We focus on the struggles to define the intersection of religion and public education in Romania after the fall of communism. We show that secularist and counter-secularist civil society activists contending for the place of religion in public education in this country have made strategic use of the ECtHR and its case law, both in legal battles and in debates within the national public sphere. We argue that, since references to the ECtHR and its jurisprudence can be used in discursive battles as a form of symbolic “capital”, the strategies of mobilizing actors are at times more important than the strict doctrinal content of the ECtHR's judgments for understanding if and how the ECtHR's “shadow” is cast over religion-related mobilizations.

Formal and Informal Groups

2018 ◽  
pp. 331-345
Author(s):  
Monica Herz
Keyword(s):  
Human Rights ◽  
International System ◽  
Regional Governance ◽  
Democratic Governance ◽  
International Governance ◽  
Regional Organizations ◽  
Regional Interaction ◽  
Governance Practices ◽  
Informal Groups

The chapter examines the idea and practice of regional governance during the last twenty years. Intergovernmental regional organizations provide the focus of the analysis as they often are the hub of regional interaction leading to the generation of rules. In order to understand the idea of regional governance, the chapter looks into the relation between this idea and three other processes taking place in the international system: the changing nature of sovereignty, globalization, and the challenges to nationally based representative democracy. The role of regional multidimensional organizations that perform similar tasks in the human rights is a focus in the humanitarian, democratic governance, development, and security spheres as a result of the diffusion of international governance practices.

scholarly journals Administrative Functions of Implementation, Control of Administrative Decisions, and Protection of Rights

2021 ◽  
Vol 10 (1) ◽  
pp. 1-25
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Latin American ◽  
Case Law ◽  
Administrative Law ◽  
Administrative Functions ◽  
The One ◽  
Right To Good Administration ◽  
Regulatory Powers ◽  
Administrative Adjudication ◽  
Administrative Justice

Abstract This essay includes a comparative analysis of the traditions of administrative law in Latin American and their impact on the contemporary scene and trends in the general orientations of its administrative justice systems. This analysis is limited to Latin American countries of Iberian origin under the jurisdiction of the Inter-American Court of Human Rights (“I/A Court H.R”). The method followed by the author is to point out the roles attributable to the administrative authorities and to attempt to identify a distinction in Latin America between the “administrative function of implementation”, “control of the legality of administrative decisions” (unrelated to any adjudicative function) and the “protection of rights” (by means of an adjudicative function) while examining their historical genesis and possible future trends. From that perspective, the text discusses certain administrative powers, such as disciplinary or other regulatory powers, and their forms of concrete application; the prerogatives and instruments of the authorities and of their decision-making employees in the exercise of the functions of implementation; the control of administrative decisions by those authorities themselves and by external bodies; and judicial and extrajudicial protection of rights against administrative decisions. The author concludes that Latin American administrative law, despite the fact that its civil-law substantive roots have always coexisted with judicial review typical of common law, is currently tending, on the one hand, to approximate the U.S. model of administrative adjudication and, on the other, to adapt to I/A Court H.R case law with respect to the administrative function of implementation in harmony with the fundamental right to good administration which, combined with a critical re-examination of diffuse control of the legality of administrative rules in court, would safeguard the true role of adjudicating bodies (administrative authorities or courts) in their function of protecting individual rights for the sake of more fair and equitable administrative justice.

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