Book contents
- Frontmatter
- Contents
- Foreword
- Acknowledgements
- 1 Introduction
- 2 Transitional emergency jurisprudence
- 3 Rights and victims, martyrs and memories
- 4 Confronting the consequences of authoritarianism and conflict
- 5 Freedom of religion and democratic transition
- 6 The truth, the past and the present
- 7 Transition, political loyalties and the order of the state
- 8 Transition, equality and non-discrimination
- 9 Closing the door on restitution
- 10 The Inter-American human rights system and transitional processes
- 11 The ???transitional??? jurisprudence of the African Commission on Human and Peoples??? Rights
- 12 Conclusions
- Index
- References
10 - The Inter-American human rights system and transitional processes
Published online by Cambridge University Press: 07 September 2011
- Frontmatter
- Contents
- Foreword
- Acknowledgements
- 1 Introduction
- 2 Transitional emergency jurisprudence
- 3 Rights and victims, martyrs and memories
- 4 Confronting the consequences of authoritarianism and conflict
- 5 Freedom of religion and democratic transition
- 6 The truth, the past and the present
- 7 Transition, political loyalties and the order of the state
- 8 Transition, equality and non-discrimination
- 9 Closing the door on restitution
- 10 The Inter-American human rights system and transitional processes
- 11 The ???transitional??? jurisprudence of the African Commission on Human and Peoples??? Rights
- 12 Conclusions
- Index
- References
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 ECHRJustice, Politics and Rights, pp. 239 - 266Publisher: Cambridge University PressPrint publication year: 2011
References
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