Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0021
Hennebel Ludovic, T. Hélène
This chapter details Article 21 of the American Convention on Human Rights (ACHR), which protects the right to private property. Article 21 of the ACHR is structured in three paragraphs that aim at protecting existing private property. The first paragraph provides that everyone has the right to the use and enjoyment of their property and admits that the law may subordinate the use and enjoyment of the property to “social interest.” Although no one shall be deprived of their property, the second paragraph authorizes restrictions under three conditions: upon payment of just compensation; for reasons of public utility or social interest; and in the cases and according to the forms established by law. Finally, Paragraph 3 specifically requires that usury and other forms of exploitation are prohibited by law.
{"title":"Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.21: Right to Property","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0021","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0021","url":null,"abstract":"This chapter details Article 21 of the American Convention on Human Rights (ACHR), which protects the right to private property. Article 21 of the ACHR is structured in three paragraphs that aim at protecting existing private property. The first paragraph provides that everyone has the right to the use and enjoyment of their property and admits that the law may subordinate the use and enjoyment of the property to “social interest.” Although no one shall be deprived of their property, the second paragraph authorizes restrictions under three conditions: upon payment of just compensation; for reasons of public utility or social interest; and in the cases and according to the forms established by law. Finally, Paragraph 3 specifically requires that usury and other forms of exploitation are prohibited by law.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90523064","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/9780190222345.003.0043
Hennebel Ludovic, T. Hélène
This chapter studies Article 43 of the American Convention on Human Rights (ACHR), which is devoted to the functions of the Inter-American Commission on Human Rights. It requires States to transmit to the Commission, at its request, any information concerning the implementation in domestic law of measures to ensure the effective application of the Convention. The provision thus mirrors the functions of the Commission detailed in Article 41 b, c, and d. This article empowers the Commission with the competence to make recommendations to improve the situation of ACHR's rights in domestic law and to draft reports and studies. While it appears to have been modeled on the ground of the State report monitoring established by Article 40 of the International Covenant on Civil and Political Rights (ICCPR), the ACHR's drafters did not follow the rationale of the UN Human Rights Committee or other universal treaty bodies and did not formally establish such a monitoring mechanism on the basis of state reports.
{"title":"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.2 Functions, Article 43","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0043","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0043","url":null,"abstract":"This chapter studies Article 43 of the American Convention on Human Rights (ACHR), which is devoted to the functions of the Inter-American Commission on Human Rights. It requires States to transmit to the Commission, at its request, any information concerning the implementation in domestic law of measures to ensure the effective application of the Convention. The provision thus mirrors the functions of the Commission detailed in Article 41 b, c, and d. This article empowers the Commission with the competence to make recommendations to improve the situation of ACHR's rights in domestic law and to draft reports and studies. While it appears to have been modeled on the ground of the State report monitoring established by Article 40 of the International Covenant on Civil and Political Rights (ICCPR), the ACHR's drafters did not follow the rationale of the UN Human Rights Committee or other universal treaty bodies and did not formally establish such a monitoring mechanism on the basis of state reports.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79431179","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/9780190222345.003.0018
Hennebel Ludovic, T. Hélène
This chapter examines Article 18 of the American Convention on Human Rights (ACHR), which protects the subjective right of each person to a name, and obliges the State to regulate the allocation of names and to ensure the implementation of the subjective right. Article 18 underlines the importance to ensure the exercise of the right by legislative or other provisions echoing the general obligation of the States Parties to adopt legislative or other measures as may be necessary to give effect to the rights, under Article 2 of the ACHR. Although Article 18 is an autonomous provision, the nexus between the right to a name and other rights explicitly or implicitly protected by the ACHR is obvious, in particular, with the right to recognition of legal personality (Article 3), the right to private life (Article 11), family rights (Article 17), the special protection of children (Article 19), the right to nationality (Article 20), and, more generally, the right to identity recognized by the Court's jurisprudence. Article 18 of the ACHR is not the subject of reservation or interpretative declaration by the States Parties under Article 75. Moreover, it is included in the list of rights that cannot be derogated from under Article 27-2.
{"title":"Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.18: Right to a Name","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0018","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0018","url":null,"abstract":"This chapter examines Article 18 of the American Convention on Human Rights (ACHR), which protects the subjective right of each person to a name, and obliges the State to regulate the allocation of names and to ensure the implementation of the subjective right. Article 18 underlines the importance to ensure the exercise of the right by legislative or other provisions echoing the general obligation of the States Parties to adopt legislative or other measures as may be necessary to give effect to the rights, under Article 2 of the ACHR. Although Article 18 is an autonomous provision, the nexus between the right to a name and other rights explicitly or implicitly protected by the ACHR is obvious, in particular, with the right to recognition of legal personality (Article 3), the right to private life (Article 11), family rights (Article 17), the special protection of children (Article 19), the right to nationality (Article 20), and, more generally, the right to identity recognized by the Court's jurisprudence. Article 18 of the ACHR is not the subject of reservation or interpretative declaration by the States Parties under Article 75. Moreover, it is included in the list of rights that cannot be derogated from under Article 27-2.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78495037","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/9780190222345.003.0015
Hennebel Ludovic, T. Hélène
This chapter reviews the freedom of assembly, which is guaranteed by Article 15 of the American Convention on Human Rights (ACHR). Article 15 of the ACHR is structured in two paragraphs. The first affirms the right of peaceful assembly in a positive way, while the second establishes the conditions under which the exercise of the right may be restricted by the State. The right to assembly is therefore by no means an absolute right and may be subject to restrictions under certain conditions. The conditions for restricting the right of peaceful assembly are commonly applicable to other rights subject to limitation and are not specific to Article 15. The three main criteria in the light of which a restriction of the right of peaceful assembly is assessed are the legality of the restriction, necessity, and the legitimacy of the aim pursued by the State when restricting the exercise of the right.
{"title":"Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.15: Right of Assembly","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0015","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0015","url":null,"abstract":"This chapter reviews the freedom of assembly, which is guaranteed by Article 15 of the American Convention on Human Rights (ACHR). Article 15 of the ACHR is structured in two paragraphs. The first affirms the right of peaceful assembly in a positive way, while the second establishes the conditions under which the exercise of the right may be restricted by the State. The right to assembly is therefore by no means an absolute right and may be subject to restrictions under certain conditions. The conditions for restricting the right of peaceful assembly are commonly applicable to other rights subject to limitation and are not specific to Article 15. The three main criteria in the light of which a restriction of the right of peaceful assembly is assessed are the legality of the restriction, necessity, and the legitimacy of the aim pursued by the State when restricting the exercise of the right.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81733625","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/9780190222345.003.0063
Hennebel Ludovic, T. Hélène
This chapter investigates Article 63-2 of the American Convention on Human Rights (ACHR). Article 63-2 of the ACHR organizes a special incidental procedure before the Inter-American Court of Human Rights. It recognizes the Inter-American Tribunal's competence to order provisional measures under certain conditions. In addition to the claims on the violation of the ACHR lodged under Articles 44 (individual petition), or 45 (inter-State communication), the petitioner may bring an incidental request to the Court. Its purpose is to obtain from the respondent State the adoption of a certain type of conduct, pending the decision on the merits of the case. Article 63-2 is divided into two sentences which refer to two distinct procedural moments. The first sentence refers to the Court's jurisdiction to order interim measures in the event of a petition brought before it. The second sentence of Article 63-2 concerns cases for which “it has not yet been seized” and which are therefore being examined by the Commission.
{"title":"Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.2 Jurisdiction and Functions, Article 63-2","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0063","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0063","url":null,"abstract":"This chapter investigates Article 63-2 of the American Convention on Human Rights (ACHR). Article 63-2 of the ACHR organizes a special incidental procedure before the Inter-American Court of Human Rights. It recognizes the Inter-American Tribunal's competence to order provisional measures under certain conditions. In addition to the claims on the violation of the ACHR lodged under Articles 44 (individual petition), or 45 (inter-State communication), the petitioner may bring an incidental request to the Court. Its purpose is to obtain from the respondent State the adoption of a certain type of conduct, pending the decision on the merits of the case. Article 63-2 is divided into two sentences which refer to two distinct procedural moments. The first sentence refers to the Court's jurisdiction to order interim measures in the event of a petition brought before it. The second sentence of Article 63-2 concerns cases for which “it has not yet been seized” and which are therefore being examined by the Commission.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87405905","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/9780190222345.003.0034
Hennebel Ludovic, T. Hélène
This chapter investigates Article 34 of the American Convention on Human Rights (ACHR). Article 34 of the ACHR determines the composition of the Inter-American Commission of Human Rights in fixing the number of members at seven and the qualitative requirements that the members should meet. They must be of high moral character and must have a recognized competence in the field of human rights. Article 34 must be read in conjunction with Articles 35, 36, 37, and 38 of the Convention that regulate questions related to representation, election, and vacancies, echoing Articles 2 to 15 of the Statute of Commission. Unlike the Inter-American Court of Human Rights, which was created by the American Convention, it should be kept in mind that the Inter-American Commission preexisted the Convention and was created in 1959. The American Convention does not alter or modify in any way the aspects relating to its organization or composition.
{"title":"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 34","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0034","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0034","url":null,"abstract":"This chapter investigates Article 34 of the American Convention on Human Rights (ACHR). Article 34 of the ACHR determines the composition of the Inter-American Commission of Human Rights in fixing the number of members at seven and the qualitative requirements that the members should meet. They must be of high moral character and must have a recognized competence in the field of human rights. Article 34 must be read in conjunction with Articles 35, 36, 37, and 38 of the Convention that regulate questions related to representation, election, and vacancies, echoing Articles 2 to 15 of the Statute of Commission. Unlike the Inter-American Court of Human Rights, which was created by the American Convention, it should be kept in mind that the Inter-American Commission preexisted the Convention and was created in 1959. The American Convention does not alter or modify in any way the aspects relating to its organization or composition.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88687100","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/9780190222345.003.0068
Hennebel Ludovic, T. Hélène
This chapter assesses Article 68 of the American Convention on Human Rights (ACHR). Article 68 of the ACHR lays down an essential quality of the judgments adopted by the Inter-American Court, namely, that they are binding on the States Parties to the litigation. As a result, the latter have an obligation to respect and implement, an obligation whose customary nature in international law is constantly stressed by the inter-American Tribunal. Legal acts produced by the Inter-American Court as a result of complaints filed by individuals under Article 44 of the ACHR or, as the case may be, by States on the basis of Article 45, and that are brought under Article 61 of the ACHR are therefore judicial acts that are binding on the defendant State, and not mere recommendations or opinions addressed to them. Judgments have the force of res judicata, with effect inter partes.
{"title":"Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.3 Procedure, Article 68","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0068","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0068","url":null,"abstract":"This chapter assesses Article 68 of the American Convention on Human Rights (ACHR). Article 68 of the ACHR lays down an essential quality of the judgments adopted by the Inter-American Court, namely, that they are binding on the States Parties to the litigation. As a result, the latter have an obligation to respect and implement, an obligation whose customary nature in international law is constantly stressed by the inter-American Tribunal. Legal acts produced by the Inter-American Court as a result of complaints filed by individuals under Article 44 of the ACHR or, as the case may be, by States on the basis of Article 45, and that are brought under Article 61 of the ACHR are therefore judicial acts that are binding on the defendant State, and not mere recommendations or opinions addressed to them. Judgments have the force of res judicata, with effect inter partes.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84378452","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/9780190222345.003.0029
Hennebel Ludovic, T. Hélène
This chapter explains Article 29, which is one of the core provisions of the American Convention on Human Rights (ACHR) and of the inter-American system of protection as a whole. It does not only contain the technical rules that aim to protect the Convention from a restrictive interpretation that would be based on domestic laws or other international instruments. Article 29 is the legal basis of the remarkable praetorian hermeneutics rules with which innovative protection of rights is built from the very first case during the 1980s. It is structured in four paragraphs but does contain two set of rules, with different purposes. The first (Article 29-a) prohibits the use of the ACHR to suppress or restrict abusively the exercise or the rights and freedoms of the Convention. The second set of rules (Article 29-b, c, and d) contains “savings clauses” aiming at ensuring the most favorable protection of the individual if a better protection is provided by another source, such as domestic laws or other treaty (Article 29-b); the 1948 American Declaration of the Rights and Duties of Man or other international acts of the same nature (Article 29-d); or any other source protecting rights or guarantees inherent in the human personality or derived from democracy (Article 29-c).
{"title":"Part I State Obligations and Rights Protected, Ch.IV Suspension of Guarantees, Interpretation, and Application, Art.29: Restrictions Regarding Interpretation","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0029","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0029","url":null,"abstract":"This chapter explains Article 29, which is one of the core provisions of the American Convention on Human Rights (ACHR) and of the inter-American system of protection as a whole. It does not only contain the technical rules that aim to protect the Convention from a restrictive interpretation that would be based on domestic laws or other international instruments. Article 29 is the legal basis of the remarkable praetorian hermeneutics rules with which innovative protection of rights is built from the very first case during the 1980s. It is structured in four paragraphs but does contain two set of rules, with different purposes. The first (Article 29-a) prohibits the use of the ACHR to suppress or restrict abusively the exercise or the rights and freedoms of the Convention. The second set of rules (Article 29-b, c, and d) contains “savings clauses” aiming at ensuring the most favorable protection of the individual if a better protection is provided by another source, such as domestic laws or other treaty (Article 29-b); the 1948 American Declaration of the Rights and Duties of Man or other international acts of the same nature (Article 29-d); or any other source protecting rights or guarantees inherent in the human personality or derived from democracy (Article 29-c).","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"152 7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83168196","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/9780190222345.003.0033
Hennebel Ludovic, T. Hélène
This chapter examines Article 33 of the American Convention on Human Rights (ACHR). In a nutshell, this article specifically identifies two protection bodies competent to deal with matters relating to the implementation by States Parties of their obligations under the Convention. The first organ is the Inter-American Commission on Human Rights, composed of seven members and based in Washington D.C., United States. The second body competent to supervise the American Convention is the Inter-American Court of Human Rights, composed of seven judges and based in San José, Costa Rica. The Court was created by, and therefore finds its legal basis within, the ACHR. Chapter VIII of the American Convention (Articles 52 to 69) details the rules of organization, jurisdiction, functions, and procedure of the Inter-American Court. As in the case of the Inter-American Commission, these provisions are supplemented by the Statute of the Court, its Rules of Procedure, and Chapter IX of the Convention.
{"title":"Part II Means of Protection, Ch.VI Competent Organs, Article 33","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0033","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0033","url":null,"abstract":"This chapter examines Article 33 of the American Convention on Human Rights (ACHR). In a nutshell, this article specifically identifies two protection bodies competent to deal with matters relating to the implementation by States Parties of their obligations under the Convention. The first organ is the Inter-American Commission on Human Rights, composed of seven members and based in Washington D.C., United States. The second body competent to supervise the American Convention is the Inter-American Court of Human Rights, composed of seven judges and based in San José, Costa Rica. The Court was created by, and therefore finds its legal basis within, the ACHR. Chapter VIII of the American Convention (Articles 52 to 69) details the rules of organization, jurisdiction, functions, and procedure of the Inter-American Court. As in the case of the Inter-American Commission, these provisions are supplemented by the Statute of the Court, its Rules of Procedure, and Chapter IX of the Convention.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87781512","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/9780190222345.003.0025
Hennebel Ludovic, T. Hélène
This chapter addresses Article 25 of the American Convention on Human Rights (ACHR), which protects both an individual right to effective remedy for “fundamental rights” violations and a State obligation to organize such remedies. Although autonomous, Article 25 has strong and close relationship with other provisions and rights of the ACHR, such as Article 1 and Article 8. The States' obligations to offer effective remedies to victims of fundamental rights violations (in accordance with Article 25), are interpreted under criteria required by the principles of the fair trial and due process as defined in Article 8-1 of the ACHR. Moreover, these obligations are part of the general obligation to guarantee the free and full exercise of the rights of the Convention without any discrimination (Article 1). Article 25 of the ACHR thus occupies a major place and is a basic foundation of the rule of law, particularly each time it makes a decisive contribution to guaranteeing access to justice, and the fight against impunity.
{"title":"Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.25: Right to Judicial Protection","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0025","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0025","url":null,"abstract":"This chapter addresses Article 25 of the American Convention on Human Rights (ACHR), which protects both an individual right to effective remedy for “fundamental rights” violations and a State obligation to organize such remedies. Although autonomous, Article 25 has strong and close relationship with other provisions and rights of the ACHR, such as Article 1 and Article 8. The States' obligations to offer effective remedies to victims of fundamental rights violations (in accordance with Article 25), are interpreted under criteria required by the principles of the fair trial and due process as defined in Article 8-1 of the ACHR. Moreover, these obligations are part of the general obligation to guarantee the free and full exercise of the rights of the Convention without any discrimination (Article 1). Article 25 of the ACHR thus occupies a major place and is a basic foundation of the rule of law, particularly each time it makes a decisive contribution to guaranteeing access to justice, and the fight against impunity.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75316276","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：