Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0004
Hennebel Ludovic, T. Hélène
This chapter evaluates Article 4 of the American Convention on Human Rights (ACHR), which protects the right to life and aims to regulate the death penalty. The Inter-American Court has held that the right to life is fundamental to the ACHR since the preservation of life and the effective protection of life are prerequisites for the enjoyment of other rights and freedoms. According to Article 27-2 of the ACHR, the right to life shall not be suspended in time of war, public danger, or other emergency that threatens the independence and security of a State Party. It is also protected by the other international human rights norms. An analysis of the human rights treaties reveals that all recognize it, but there is a fairly wide disparity in the wording of the norms. All the instruments also contain specific provisions on capital punishment, a restriction that has long been accepted as a legal restriction on life, which is now tending toward abolition.
{"title":"Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.4: Right to Life","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0004","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0004","url":null,"abstract":"This chapter evaluates Article 4 of the American Convention on Human Rights (ACHR), which protects the right to life and aims to regulate the death penalty. The Inter-American Court has held that the right to life is fundamental to the ACHR since the preservation of life and the effective protection of life are prerequisites for the enjoyment of other rights and freedoms. According to Article 27-2 of the ACHR, the right to life shall not be suspended in time of war, public danger, or other emergency that threatens the independence and security of a State Party. It is also protected by the other international human rights norms. An analysis of the human rights treaties reveals that all recognize it, but there is a fairly wide disparity in the wording of the norms. All the instruments also contain specific provisions on capital punishment, a restriction that has long been accepted as a legal restriction on life, which is now tending toward abolition.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"32 4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89117616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0001
Hennebel Ludovic, T. Hélène
This chapter analyzes Article 1-1, which is a key-provision of the American Convention on Human Rights (ACHR). It provides the main set of obligations borne by the States parties, that is, obligations to respect and to ensure, and defines the rights holders of the ACHR as all persons under the jurisdiction of the States Parties. The same provision further outlines the general principle of non-discrimination to be respected when the States Parties fulfill their general obligations to respect and ensure all the rights of the ACHR. That provision alone sets out the fundamental philosophical and legal conception of the inter-American system. It irradiates and determines the whole Convention; the enjoyment and exercise of the rights and freedoms enshrined in the treaty have a universal scope and shall be recognized in favor of all persons, regardless of their nationality and citizenship or any other conditions.
{"title":"Part I State Obligations and Rights Protected, Ch.I General Obligations, Art.1: Obligation to Respect Rights","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0001","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0001","url":null,"abstract":"This chapter analyzes Article 1-1, which is a key-provision of the American Convention on Human Rights (ACHR). It provides the main set of obligations borne by the States parties, that is, obligations to respect and to ensure, and defines the rights holders of the ACHR as all persons under the jurisdiction of the States Parties. The same provision further outlines the general principle of non-discrimination to be respected when the States Parties fulfill their general obligations to respect and ensure all the rights of the ACHR. That provision alone sets out the fundamental philosophical and legal conception of the inter-American system. It irradiates and determines the whole Convention; the enjoyment and exercise of the rights and freedoms enshrined in the treaty have a universal scope and shall be recognized in favor of all persons, regardless of their nationality and citizenship or any other conditions.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75422141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0008
Hennebel Ludovic, T. Hélène
This chapter assesses Article 8, the right to a fair trial, of the American Convention on Human Rights (ACHR). Article 8 of the ACHR is based on a dual structure. The first paragraph of the provision applies to all kinds of proceedings and provides rights and guarantees to “every person,” regardless of the nature—criminal, civil, labor, fiscal, “or any other nature” of the matters dealt with by the tribunals. However, the following Paragraphs 2, 3, 4, and 5 are focused on criminal proceedings; they offer a specific protection to persons suspected of, accused of, or condemned for a criminal offense. In addition to the rules of fair trial protected by Article 8 of the ACHR, several provisions of the ACHR provide for special judicial guarantees for persons to ensure and guarantee their rights and freedoms. These include the right to a remedy in case of arrest or detention under Article 7-6 of the ACHR and the right to an effective remedy under Article 25 for any violation of the rights and freedoms enshrined in domestic law or in the ACHR. Although silent on judicial guarantees, Article 19 of the ACHR (special protection of children) has also close ties with Article 8.
{"title":"Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.8: Right to a Fair Trial","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0008","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0008","url":null,"abstract":"This chapter assesses Article 8, the right to a fair trial, of the American Convention on Human Rights (ACHR). Article 8 of the ACHR is based on a dual structure. The first paragraph of the provision applies to all kinds of proceedings and provides rights and guarantees to “every person,” regardless of the nature—criminal, civil, labor, fiscal, “or any other nature” of the matters dealt with by the tribunals. However, the following Paragraphs 2, 3, 4, and 5 are focused on criminal proceedings; they offer a specific protection to persons suspected of, accused of, or condemned for a criminal offense. In addition to the rules of fair trial protected by Article 8 of the ACHR, several provisions of the ACHR provide for special judicial guarantees for persons to ensure and guarantee their rights and freedoms. These include the right to a remedy in case of arrest or detention under Article 7-6 of the ACHR and the right to an effective remedy under Article 25 for any violation of the rights and freedoms enshrined in domestic law or in the ACHR. Although silent on judicial guarantees, Article 19 of the ACHR (special protection of children) has also close ties with Article 8.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74507903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0075
Hennebel Ludovic, T. Hélène
This chapter discusses Article 75 of the American Convention on Human Rights (ACHR). The ACHR contains a provision on the faculty of States parties to formulate reservations. Its Article 75 is very brief and has no autonomous content. Article 75 of the ACHR refers to the Vienna Convention on the Law of Treaties between States (VCLT), which was adopted a few weeks before the ACHR, on May 23, 1969. Therefore, Articles 19 to 23 of the VCLT, which deal with reservations to treaties constitute the legal framework set out in Article 75 of the ACHR. From this point of view, Article 75 of the ACHR differs from Article 57 of the European Convention on Human Rights (ECHR). Indeed, the inter-American provision leaves greater room for discretion to States and respects international practice, which classically grants them an important conventional freedom.
{"title":"Part III General and Transitory Provisions, Ch.X Signature, Ratification, Reservations, Amendments, Protocols, and Denunciation, Article 75","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0075","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0075","url":null,"abstract":"This chapter discusses Article 75 of the American Convention on Human Rights (ACHR). The ACHR contains a provision on the faculty of States parties to formulate reservations. Its Article 75 is very brief and has no autonomous content. Article 75 of the ACHR refers to the Vienna Convention on the Law of Treaties between States (VCLT), which was adopted a few weeks before the ACHR, on May 23, 1969. Therefore, Articles 19 to 23 of the VCLT, which deal with reservations to treaties constitute the legal framework set out in Article 75 of the ACHR. From this point of view, Article 75 of the ACHR differs from Article 57 of the European Convention on Human Rights (ECHR). Indeed, the inter-American provision leaves greater room for discretion to States and respects international practice, which classically grants them an important conventional freedom.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84081077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0050
Hennebel Ludovic, T. Hélène
This chapter details Article 50 of the American Convention on Human Rights (ACHR). In a nutshell, Article 50 of the ACHR provides that if a friendly settlement has not been reached by the parties, the Inter-American Commission on Human Rights drafts a report establishing the facts and its conclusions and recommendations if necessary. Article 50 contains three paragraphs. The first paragraph explains the content of the “preliminary report,” included if needed, the separate opinion of commissioners. The second paragraph deals with the confidentiality principle and lays down a crucial element of the procedure. The report is expected to be sent to the States concerned that cannot disclose it. As regards the third paragraph, it indicates that the preliminary report may contain “proposals and recommendations” by the Commission, in addition to the elements described in Article 50-1 of the ACHR. From a litigation point of view, the Article 50 report is of the utmost importance, in the sense that it establishes the factual background and tends to identify the victims.
{"title":"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.4 Procedure, Article 50","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0050","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0050","url":null,"abstract":"This chapter details Article 50 of the American Convention on Human Rights (ACHR). In a nutshell, Article 50 of the ACHR provides that if a friendly settlement has not been reached by the parties, the Inter-American Commission on Human Rights drafts a report establishing the facts and its conclusions and recommendations if necessary. Article 50 contains three paragraphs. The first paragraph explains the content of the “preliminary report,” included if needed, the separate opinion of commissioners. The second paragraph deals with the confidentiality principle and lays down a crucial element of the procedure. The report is expected to be sent to the States concerned that cannot disclose it. As regards the third paragraph, it indicates that the preliminary report may contain “proposals and recommendations” by the Commission, in addition to the elements described in Article 50-1 of the ACHR. From a litigation point of view, the Article 50 report is of the utmost importance, in the sense that it establishes the factual background and tends to identify the victims.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82715001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0072
Hennebel Ludovic, T. Hélène
This chapter studies Article 72 of the American Convention on Human Rights (ACHR), which deals with a fundamental tool for the effective functioning of any institution, that is, its financing. Article 72 provides that members of the Inter-American Commission of Human Rights and judges of the Inter-American Court shall receive “emoluments … with due regard for the importance and independence of their office.” In addition, it establishes the general framework for the preparation of the Court's budget. Under Article 72, the Inter-American Court plays an important role in the drafting of its budget. This element is obviously crucial to ensuring the independence of the inter-American judiciary with respect to the States Parties to the ACHR, but also with respect to the other organs of the Organization of American States (OAS).
{"title":"Part II Means of Protection, Ch.IX Common Provisions, Article 72","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0072","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0072","url":null,"abstract":"This chapter studies Article 72 of the American Convention on Human Rights (ACHR), which deals with a fundamental tool for the effective functioning of any institution, that is, its financing. Article 72 provides that members of the Inter-American Commission of Human Rights and judges of the Inter-American Court shall receive “emoluments … with due regard for the importance and independence of their office.” In addition, it establishes the general framework for the preparation of the Court's budget. Under Article 72, the Inter-American Court plays an important role in the drafting of its budget. This element is obviously crucial to ensuring the independence of the inter-American judiciary with respect to the States Parties to the ACHR, but also with respect to the other organs of the Organization of American States (OAS).","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82817815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0058
Hennebel Ludovic, T. Hélène
This chapter explains Articles 58 and 59 of the American Convention on Human Rights (ACHR). Article 58 of the ACHR deals with essential and fundamental aspects of the proper functioning of the Inter-American Court. It addresses the question of the choice of the seat of the Court and that of its Secretary. Article 59 concerns more generally the Secretariat of the Court under the direction of the Secretary, and the relationship with the Secretary-General of the Organization of American States (OAS). Although they seem to address mainly logistical and administrative issues, Articles 58 and 59 are crucial for the Inter-American Court. Unlike the International Court of Justice or the European Court of Human Rights, the judges do not sit on a permanent basis in San José. The terms of the judges are limited by Article 54 of the ACHR. Therefore, they could effectively and efficiently perform their mandate in the absence of a stable and competent body, to ensure the continuity and stability of the Inter-American Tribunal's operations.
{"title":"Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Articles 58 and 59","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0058","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0058","url":null,"abstract":"This chapter explains Articles 58 and 59 of the American Convention on Human Rights (ACHR). Article 58 of the ACHR deals with essential and fundamental aspects of the proper functioning of the Inter-American Court. It addresses the question of the choice of the seat of the Court and that of its Secretary. Article 59 concerns more generally the Secretariat of the Court under the direction of the Secretary, and the relationship with the Secretary-General of the Organization of American States (OAS). Although they seem to address mainly logistical and administrative issues, Articles 58 and 59 are crucial for the Inter-American Court. Unlike the International Court of Justice or the European Court of Human Rights, the judges do not sit on a permanent basis in San José. The terms of the judges are limited by Article 54 of the ACHR. Therefore, they could effectively and efficiently perform their mandate in the absence of a stable and competent body, to ensure the continuity and stability of the Inter-American Tribunal's operations.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83039285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0006
Hennebel Ludovic, T. Hélène
This chapter focuses on Article 6 of the American Convention on Human Rights (ACHR), which protects one of the most important values in modern international human rights law, that is, the freedom from slavery. Article 6 is structured in three paragraphs that reflect the difficulty to draw the line between absolutely prohibited practices (slavery, involuntary servitude, trafficking, slave trade, forced and compulsory labor) and other forms of duties that might not be considered as forbidden (detainee’s work, military service, civic obligations, and so on). Therefore, the first paragraph contains a rule of absolute prohibition—or put positively, a rule of absolute protection of persons, with a special reference to women. The second and the third paragraphs delimit the scope of the prohibition. Paragraph 2 affirms the exception of forced labor “imposed by a competent court”; while Paragraph 3 enumerates four situations of compulsory work that do not constitute a prohibited conduct under Paragraph 1.
本章重点介绍《美洲人权公约》(American Convention on Human Rights, ACHR)第6条，该条款保护现代国际人权法中最重要的价值之一，即免于奴役的自由。第6条的结构分为三个段落，反映了在绝对禁止的做法(奴役、非自愿奴役、贩运、奴隶贸易、强迫和强制劳动)与可能不被视为禁止的其他形式的义务(被拘留者的工作、兵役、公民义务等等)之间划清界限的困难。因此，第一段载有一项绝对禁止的规则，或积极地说，是一项绝对保护个人的规则，特别提到妇女。第二款和第三款划定了禁止的范围。第2款申明“主管法院判决”的强迫劳动例外;第三项列举了四种不构成第一项禁止行为的强制劳动。
{"title":"Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.6: Freedom from Slavery","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0006","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0006","url":null,"abstract":"This chapter focuses on Article 6 of the American Convention on Human Rights (ACHR), which protects one of the most important values in modern international human rights law, that is, the freedom from slavery. Article 6 is structured in three paragraphs that reflect the difficulty to draw the line between absolutely prohibited practices (slavery, involuntary servitude, trafficking, slave trade, forced and compulsory labor) and other forms of duties that might not be considered as forbidden (detainee’s work, military service, civic obligations, and so on). Therefore, the first paragraph contains a rule of absolute prohibition—or put positively, a rule of absolute protection of persons, with a special reference to women. The second and the third paragraphs delimit the scope of the prohibition. Paragraph 2 affirms the exception of forced labor “imposed by a competent court”; while Paragraph 3 enumerates four situations of compulsory work that do not constitute a prohibited conduct under Paragraph 1.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"73 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85498803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0041
Hennebel Ludovic, T. Hélène
This chapter describes Article 41 of the American Convention on Human Rights (ACHR). Article 41 of the ACHR establishes the main function of the Inter-American Commission of Human Rights as “to promote respect for and defense of human rights.” Within that mandate, the Commission is entrusted with specific powers. Article 41 lists these seven main functions and powers, which are quite broad and go far beyond the functions that could have been attributed to a treaty body. Indeed, Article 41 is similar in content to Article 18 of the Statute of the Inter-American Commission, which determines the Commission's powers with respect to all members of the Organization of American States.
{"title":"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.2 Functions, Article 41","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0041","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0041","url":null,"abstract":"This chapter describes Article 41 of the American Convention on Human Rights (ACHR). Article 41 of the ACHR establishes the main function of the Inter-American Commission of Human Rights as “to promote respect for and defense of human rights.” Within that mandate, the Commission is entrusted with specific powers. Article 41 lists these seven main functions and powers, which are quite broad and go far beyond the functions that could have been attributed to a treaty body. Indeed, Article 41 is similar in content to Article 18 of the Statute of the Inter-American Commission, which determines the Commission's powers with respect to all members of the Organization of American States.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78096433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0066
Hennebel Ludovic, T. Hélène
This chapter focuses on Article 66 of the American Convention on Human Rights (ACHR). Article 66 of the ACHR contains crucial elements of the adjudicating performance of the Inter-American Court. The first paragraph establishes the principle that reasons must be given for the Court's judgments, while under the second paragraph, the judges who participated in the formation of the judgment may attach a separate opinion, whether concurring or dissenting, to the Court's decisions. These elements are set out and clarified in Article 65 of the Rules of Procedure of the Court. These two provisions, therefore, undoubtedly refer to the key-question of the quality of justice rendered by the Inter-American Court. This must be clear, accessible, and intelligible, in particular for the victim, the defendant State, and more broadly, all States Parties to the ACHR. The legitimacy of the body and, ultimately, its persuasive authority are also at stake.
{"title":"Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.3 Procedure, Article 66","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0066","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0066","url":null,"abstract":"This chapter focuses on Article 66 of the American Convention on Human Rights (ACHR). Article 66 of the ACHR contains crucial elements of the adjudicating performance of the Inter-American Court. The first paragraph establishes the principle that reasons must be given for the Court's judgments, while under the second paragraph, the judges who participated in the formation of the judgment may attach a separate opinion, whether concurring or dissenting, to the Court's decisions. These elements are set out and clarified in Article 65 of the Rules of Procedure of the Court. These two provisions, therefore, undoubtedly refer to the key-question of the quality of justice rendered by the Inter-American Court. This must be clear, accessible, and intelligible, in particular for the victim, the defendant State, and more broadly, all States Parties to the ACHR. The legitimacy of the body and, ultimately, its persuasive authority are also at stake.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88256935","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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