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Results ( 13 ) : 2014 - 1.


Resuscitating Justice: The Inter-American Court Confronts the Entrenched Impunity of National Amnesty Laws

Authors: J. Davis

Abstract: Amnesty laws are perhaps the most formidable barrier to accountability for human rights violations in Latin America. This article examines how the Inter-American Court of Human Rights (IACtHR) confronted these amnesty laws and the effect of its rul...


An Affront to the Conscience of Humanity: Enforced Disappearances in the Case Law of the Inter-American Court of Human Rights

Authors: N. Kyriakou

Abstract: This article seeks to address a series of issues relating to the case law of the Inter-American Court of Human Rights (IACtHR) on cases of enforced disappearances. First, it will identify the separate human rights violations implicated in the perpe...


Contributions and Challenges for the Inter American Court of Human Rights for the Protection of Migrants’ Rights: The Case of Vélez Loor v. Panama

Authors: G. De León

Abstract: Migration is a global phenomenon that affects every country in the world. Migrants find themselves in situations of particular vulnerability that require states to adopt measures for their protection. The international community has elaborated a ge...


Examining Atala-Riffo and Daughters v. Chile, the First Inter-American Case on Sexual Orientation, and Some of its Implications

Authors: Á. Paúl

Abstract: This article begins by recounting the facts and rulings of Atala-Riffo and Daughters v. Chile, such as the Inter-American Court of Human Rights’ interpretation of the right to private and family life, its categorisation of sexual orientation as a s...


Towards a Uniform Basis for the Right to Identity in the Normative Framework of the American Convention on Human Rights

Authors: R.I. Sijniensky, N.A. Aizenstatd

Abstract: The right to identity has surfaced in the jurisprudence of the Inter-American Court of Human Rights mostly in cases dealing with enforced disappearance of children. Although not a right that is independently defined in the Convention, the Court has...


Positive Obligations in the Jurisprudence of the Inter-American Court of Human Rights

Authors: L. Lavrysen

Abstract: The present article examines the concept of positive obligations in the case law of the Inter-American Court of Human Rights (the Court). From its first contentious case of Velásquez-Rodríguez v. Honduras on, the Court has clearly rejected the clas...


The Independence and Impartiality in the Inter-American Court’s Jurisprudence: The Specific Case of Judges’ Arbitral Removal

Authors: G. D’avino, D. Fanciullo, A. Iermano, A. Martone, R. Palladino

Abstract: This work focuses on the independence and impartiality of domestic judges and tribunals, starting from a comment on three IACtHR judgments: Chocrón Chocrón v. Venezuela, 1 July 2008; Reverón-Trujillo v. Venezuela, 30 June 2009; Apitz Barbera et al....


The Inter-American Court of Human Rights’ Gomes Lund et al. (Guerrilha do Araguaia) v. Brazil Judgment and the Brazilian Federal Supreme Court Judgment on the Constitutionality and Conventionality of the 1979 Amnesty Law

Authors: L. Ayres França

Abstract: In the year 1972, the Communist Party of Brazil (PCdoB) gathered around 90 people in the region of Sao Joao do Araguaia, Pará, to fight the Brazilian military dictatorship (1964–1985). The military government decided to react, and between April of ...


Perspectives on the Interplay between the Inter-American Court of Human Rights and the International Criminal Court

Authors: N. Pons, D. Đukić

Abstract: After recalling the importance of the contemporary coexistence of human rights bodies and international criminal tribunals as instruments enforcing fundamental rights, the authors discuss in what manner the Inter-American Court of Human Rights and ...


The Identification of Victims before the Inter-American Court of Human Rights and the International Criminal Court and its Impact on Participation and Reparation: A Domino Effect?

Authors: D. Contreras-garduno, J. Fraser

Abstract: This article analyses the evolving position of victims in international law by comparing the identification of victims before the Inter-American Court of Human Rights and the International Criminal Court. The article discusses the concept of victim...