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10 - The Inter-American human rights system and transitional processes

Published online by Cambridge University Press:  07 September 2011

Antoine Buyse
Affiliation:
Universiteit Utrecht, The Netherlands
Michael Hamilton
Affiliation:
Central European University, Budapest
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Summary

Introduction

The notion of ‘transitional justice’ in the Inter-American system has been traditionally associated with the fight against impunity. Due to the sad and long history of gross and systematic violations of human rights in the Americas, whether under authoritarian regimes or democratically elected despots, the Inter-American Commission on Human Rights (hereinafter ‘Inter-American Commission’ or ‘Commission’) and the Inter-American Court on Human Rights (hereinafter ‘Inter-American Court’ or ‘Court’) have extensive case law and jurisprudence dealing with the intricacies of transitional processes and the affirmation of fundamental human rights. This ‘hemispheric laboratory’ effectively allows the review of situations such as the dictatorships in the southern cone, the civil wars in Central America, the ‘democratic’ dictatorship of the Fujimori regime, and the protracted war still affecting Colombia.

Type
Chapter
Information
Transitional Jurisprudence and the ECHR
Justice, Politics and Rights
, pp. 239 - 266
Publisher: Cambridge University Press
Print publication year: 2011

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References

Duffy, G. 2010
Goldman, R. K.History and Action: The Inter-American Human Rights System and the Role of the Inter-American CommissionHuman Rights Quarterly 31 2009 856CrossRefGoogle Scholar
Watch, Human Rights 2010 www.hrw.org/node/88060
Laplante, L. J.Theidon, K.Truth with Consequences: Justice and Reparation in Post-Truth Commission PeruHuman Rights Quarterly 29 2007 228CrossRefGoogle Scholar
Rodríguez-Pinzón, D.The “Victim” Requirement, the Fourth Instance Formula and the Notion of “Person” in the Individual Complaint Procedure of the Inter-American Human Rights SystemILSA Journal of International and Comparative Law 7 2001 373Google Scholar
Tittemore, B. D.Ending Impunity in the Americas: The Role of the Inter-American Human Rights System in Advancing Accountability for Serious Crimes Under International LawSouthWestern Journal of Law and Trade in the Americas 12 2006 429Google Scholar

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