The Inter-American Court of Human Rights: Theory and Practice, Present and Future

Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.
Editor(s):
Yves Haeck, Oswaldo Ruiz-Chiriboga, Clara Burbano Herrera
boek | verschenen | 1e editie
december 2015 | xxxii + 832 blz.

Hardback
€ 150,-


ISBN 9781780683089

Inhoud

Along with the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights serves as the main watchdog for the promotion and protection of fundamental rights in the Americas. Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court. The book discusses access to legal aid, third party interventions, positive obligations and provisional measures, the evaluation of evidence and the use of external referencing by the Court, the protection of vulnerable groups, including indigenous peoples, migrants, women and children. It also explores other contemporary issues such as coerced statements, medical negligence, the use of force, amnesties, forced disappearances, the right to water, judicial protection in times of emergency, the relation of the Inter-American Court with national courts and with other international jurisdictions like the European Court of Human Rights and the International Criminal Court, and with national courts, reparations and revisions of cases by the Inter-American Court, and present-day challenges to the Inter-American system of human rights. Due to its multifaceted and comprehensive character, this scholarly volume is an essential reference work for both legal scholars and practitioners working with regional human rights systems in general and with the Inter-American human rights system in particular.

Hoofdstukken

Table of Contents (p. 0)

Part I. The reasoning of The Court

The Inter-American Court of Human Rights and the Interpretive Method of External Referencing: Regional Consensus v. Universality (p. 1)

An Overview of the Inter-American Court’s Evaluation of Evidence (p. 25)

Revision Procedures: Revisiting the Case of Mapiripán Massacre v. Colombia (p. 51)

Part II. PROCEDURAL ASPECTS

Who Pays the Bill? Possibilities and Limitations of the Inter-American Court of Human Rights Legal Assistance Fund (p. 73)

The Amicus Curiae in the Inter-American Court of Human Rights (1982–2013) (p. 103)

Part III. Civil and Political Rights

Defining the Scope of the Provisions Against the Use of Illegitimate Coerced Statements in the Inter-American System (p. 133)

Medical Negligence and International Human Rights Adjudication. Procedural Obligation in Medical Negligence Cases under the American Convention on Human Rights and the European Convention on Human Rights (p. 175)

Use of Force. Requirements, Limitations and Pending Challenges from the Perspective of the Jurisprudence of the Inter-American Court of Human Rights (p. 193)

Judicial Protection in States of Emergency. An Analysis of the Amplitude of Judicial Protection of Fundamental Rights During the Application of Derogations (p. 217)

Part IV. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

Yakye Axa v. Paraguay: Upholding and Framing the Human Right to Water (p. 239)

Social, Economic, and Cultural Rights. The Inter-American Court at a Crossroads (p. 259)

Impact of the Reparations Ordered by the Inter-American Court of Human Rights and Contributions to the Justiciable Nature of Economic, Social and Cultural Rights (p. 277)

Part V. REPARATIONS AND PROVISIONAL MEASURES

Sacred Fire as Healing. Psychosocial Rehabilitation and Indigenous Peoples in the Inter-American Court's Judgments (p. 305)

Punitive Damages and the Principle of Full Reparation in the Case Law of the Inter-American Court of Human Rights (p. 337)

The Inter-American Court of Human Rights and Its Role in Preventing Violations of Human Rights through Provisional Measures (p. 355)

Part VI. ENFORCED DISAPPEARANCES AND AMNESTY LAWS

The Contribution of the Inter-American Court of Human Rights and Other International Human Rights Bodies to the Struggle Against Enforced Disappearance (p. 377)

Building Truth and Moving Justice. The Inter-American Court and the Forcible Disappearance of Children (p. 403)

The Move Towards a Victim-Centred Concept of Criminal Law and the "Criminalization" of Inter-American Human Rights Law. A Case of Human Rights Law Devouring Itself? (p. 419)

Amnesty Laws in the Case-Law of the Inter-American Court of Human Rights (p. 443)

Rights Cast into Oblivion? Amnesties in the Case-Law of the Inter-American Court of Human Rights (p. 457)

Part VII . GROUPS IN VULNERABILITY

Jurisprudence in a Political Vortex. The Right of Indigenous Peoples to Give or Withhold Consent to Investment and Development Projects – The Implementation of Saramaka v. Suriname (p. 475)

Juvenile Criminal Justice before the Inter-American Court of Human Rights. Aims and Limitations of the Imprisonment of Children (p. 547)

The Case of the Kichwa Peoples of the Sarayaku v. Ecuador. Constructing a Right to Consultation and to Cultural Identity? (p. 573)

The Treatment of Irregular Migrants in the Inter-American Human Rights and European Union Case-Law. Two Parallel Lines may even Meet (p. 593)

Sexual Orientation and Parenthood. A Comparative Analysis of the Case Law of the Inter-American Court of Human Rights and the European Court of Human Rights (p. 613)

What a ‘Private Life’ Means for Women (p. 629)

Part VIII . THE COURT AND NATIONAL JUDGES AND TRIBUNALS

Chronicle of a Fashionable Theory in Latin America. Decoding the Doctrinal Discourse on Conventionality Control (p. 645)

The Radilla-Pacheco v. Mexico Case. A Paradigmatical Shift Towards Conventionality Control in Mexico (p. 677)

The Latin American Judicial Dialogue. A Two-Way Street Towards Effective Protection (p. 693)

Part IX. INTERACTION BETWEEN THE INTER-AMERICAN COURT AND OTHER INTERNATIONAL COURTS

The Inter-American Court and the International Criminal Court. Transjudicial Communication, Boundaries and Opportunities (p. 713)

Inter-American Court of Human Rights and European Court of Human Rights. From Observation to Interaction on Human Rights (p. 739)

The Inter-American Court of Human Rights’ Positive Obligations Doctrine. Between Unidirectional Influence and Judicial Dialogue (p. 765)

Part X. REFORMING THE INTER-AMERICAN SYSTEM

Strengthening or Straining the Inter-American System on Human Rights (p. 793)

About the Editors (p. 823)

About the Contributors (p. 825)