International Human Rights Courts and Sources of Resilience: The Case of the Inter-American System

2021 ◽  
Author(s):  
Ezequiel Gonzalez Ocantos ◽  
Wayne Sandholtz
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
American System ◽  
International Human

REVOCATION OF ENDURING AMNESTIES VS. PRINCIPLE OF LEGALITY: JURISPRUDENTIAL CONTESTATIONS BETWEEN THE INTER-AMERICAN COURT OF HUMAN RIGHTS AND DOMESTIC COURTS

2017 ◽  
Vol 26 (1) ◽  
pp. 109-137
Author(s):  
Michail Vagias
Keyword(s):  
Human Rights ◽  
Access To Justice ◽  
Human Rights Law ◽  
International Human Rights ◽  
Present Contribution ◽  
American System ◽  
Domestic Courts ◽  
International Human ◽  
Human Rights Norms ◽  
Principle Of Legality

International human rights bodies have declared amnesties for serious human rights violations incompatible with human rights law. As a result, amnesties have been revoked many years after their award. They have thus enabled criminal prosecutions for alleged crimes committed in the distant past. This has particularly been the case in the Inter-American system. Currently, a long debate on the compatibility of amnesties with human rights norms is taking place. The present contribution focuses on a topic hitherto at the fringes of this debate; namely, whether the revocation of amnesties and the initiation of proceedings against the accused, many years after the award of the amnesty, are consistent with the principle of legality. Certain domestic courts have argued that they are not, while the Inter-American Court of Human Rights has decided otherwise. This Article reflects on the reasoning of both sides. It argues that the revocation of amnesties raises valid concerns as regards the principle of legality, which should be seriously considered by the Inter-American Court of Human Rights. It is suggested that the protection of the accused from the risk of a trial made unfair due to the passing of time and the rights of victims of access to justice require the performance of a more nuanced balancing exercise on the part of the Court.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

Sign in / Sign up

Export Citation Format

Share Document