The expansive right to an effective remedy: the practice and impact of the case law of the human rights committee and the inter-American court
- Author
- Valeska Marcela David Contreras (UGent)
- Organization
- Abstract
- The right to an effective remedy –crystallised in numerous treaties– has evolved to comprise individual rights and States obligations of a complex nature. This article discusses the procedural and substantive implications of an expansive interpretation of this right by the Human Rights Committee (HRC) and Inter-American Court of Human Rights (IACtHR). The HRC’s case law has significantly influenced the way the IACtHR has conceived of a set of rights belonging to victims of gross human rights violations, including a right to access justice and to demand investigation, prosecution, punishment and truth. Notwithstanding the greater protection and participation this construction of the right offers to victims, its difficulties warrant a critical appraisal. Some of these difficulties are related to how the IACtHR endorsed the HRC’s jurisprudence despite the differences between the norms and practices of both organs. From another perspective, the right to an effective remedy within the HRC jurisprudence also covers the award of reparations. In this area the article discusses the possible influence of the IACtHR’s jurisprudence upon the HRC.
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-5845599
- MLA
- David Contreras, Valeska Marcela. “The Expansive Right to an Effective Remedy: The Practice and Impact of the Case Law of the Human Rights Committee and the Inter-American Court.” BRITISH JOURNAL OF AMERICAN LEGAL STUDIES, edited by Anne Richardson Oakes, vol. 3, no. 1, Birmingham City University, 2014, pp. 259–86.
- APA
- David Contreras, V. M. (2014). The expansive right to an effective remedy: the practice and impact of the case law of the human rights committee and the inter-American court. BRITISH JOURNAL OF AMERICAN LEGAL STUDIES, 3(1), 259–286.
- Chicago author-date
- David Contreras, Valeska Marcela. 2014. “The Expansive Right to an Effective Remedy: The Practice and Impact of the Case Law of the Human Rights Committee and the Inter-American Court.” Edited by Anne Richardson Oakes. BRITISH JOURNAL OF AMERICAN LEGAL STUDIES 3 (1): 259–86.
- Chicago author-date (all authors)
- David Contreras, Valeska Marcela. 2014. “The Expansive Right to an Effective Remedy: The Practice and Impact of the Case Law of the Human Rights Committee and the Inter-American Court.” Ed by. Anne Richardson Oakes. BRITISH JOURNAL OF AMERICAN LEGAL STUDIES 3 (1): 259–286.
- Vancouver
- 1.David Contreras VM. The expansive right to an effective remedy: the practice and impact of the case law of the human rights committee and the inter-American court. Richardson Oakes A, editor. BRITISH JOURNAL OF AMERICAN LEGAL STUDIES. 2014;3(1):259–86.
- IEEE
- [1]V. M. David Contreras, “The expansive right to an effective remedy: the practice and impact of the case law of the human rights committee and the inter-American court,” BRITISH JOURNAL OF AMERICAN LEGAL STUDIES, vol. 3, no. 1, pp. 259–286, 2014.
@article{5845599,
abstract = {{The right to an effective remedy –crystallised in numerous treaties– has evolved to comprise individual rights and States obligations of a complex nature. This article discusses the procedural and substantive implications of an expansive interpretation of this right by the Human Rights Committee (HRC) and Inter-American Court of Human Rights (IACtHR). The HRC’s case law has significantly influenced the way the IACtHR has conceived of a set of rights belonging to victims of gross human rights violations, including a right to access justice and to demand investigation, prosecution, punishment and truth. Notwithstanding the greater protection and participation this construction of the right offers to victims, its difficulties warrant a critical appraisal. Some of these difficulties are related to how the IACtHR endorsed the HRC’s jurisprudence despite the differences between the norms and practices of both organs. From another perspective, the right to an effective remedy within the HRC jurisprudence also covers the award of reparations. In this area the article discusses the possible influence of the IACtHR’s jurisprudence upon the HRC.}},
articleno = {{7}},
author = {{David Contreras, Valeska Marcela}},
editor = {{Richardson Oakes, Anne}},
issn = {{2049-4092}},
journal = {{BRITISH JOURNAL OF AMERICAN LEGAL STUDIES}},
language = {{eng}},
number = {{1}},
pages = {{7:259--7:286}},
publisher = {{Birmingham City University}},
title = {{The expansive right to an effective remedy: the practice and impact of the case law of the human rights committee and the inter-American court}},
volume = {{3}},
year = {{2014}},
}