Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of cases
- Table of Articles of the American Convention on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Court on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Commission on Human Rights
- Table of other legal instruments and documents
- 1 Introduction
- PART I The advisory jurisdiction of the Inter-American Court
- PART II The contentious jurisdiction of the Inter-American Court of Human Rights
- PART III Provisional measures
- Appendix 1 American Convention on Human Rights
- Appendix 2 Rules of Procedure of the Inter-American Court of Human Rights
- Appendix 3 Statute of the Inter-American Court of Human Rights
- Appendix 4 Rules of Procedure of the Inter-American Commission on Human Rights
- Appendix 5 Form for presenting petitions on human rights violations
- Bibliography
- Index
1 - Introduction
Published online by Cambridge University Press: 28 July 2009
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of cases
- Table of Articles of the American Convention on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Court on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Commission on Human Rights
- Table of other legal instruments and documents
- 1 Introduction
- PART I The advisory jurisdiction of the Inter-American Court
- PART II The contentious jurisdiction of the Inter-American Court of Human Rights
- PART III Provisional measures
- Appendix 1 American Convention on Human Rights
- Appendix 2 Rules of Procedure of the Inter-American Court of Human Rights
- Appendix 3 Statute of the Inter-American Court of Human Rights
- Appendix 4 Rules of Procedure of the Inter-American Commission on Human Rights
- Appendix 5 Form for presenting petitions on human rights violations
- Bibliography
- Index
Summary
For better or for worse, the problems of our Hemisphere are more unique to the Americas than they are universal or European. They can only be solved within the framework of our own legal, cultural, political, and social traditions.
Introduction
The status of individuals under international law is no longer in doubt: individuals are subjects of international law and as such are accorded rights. Yet rights are illusory without the procedural capability to enforce them. They are no more than high-minded principles if individuals whose rights have been violated have no avenue for complaint and relief. International courts and commissions are often empowered to enforce human rights and to attribute responsibility to States that violate their obligations. These enforcement bodies must employ equitable procedures that balance victims' rights and States' treaty obligations. The practice and procedures of these bodies can ensure or impede an individual victim's access to justice.
The Inter-American Court of Human Rights is the sole judicial organ in the Inter-American human rights system. As such, it is the final arbiter of human rights in those American States that have ratified the American Convention on Human Rights. In 2001, the Court substantially revised its Rules of Procedure to more effectively address issues of timeliness and victim representation before the Court. In addition, the increasing numbers of decisions issued by the Inter-American Court in recent years has presented the Court with diverse procedural issues, allowing it to establish consistent practices in applying its procedures.
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- Publisher: Cambridge University PressPrint publication year: 2003