The American Convention on Human Rights

著者

書誌事項

The American Convention on Human Rights

Cecilia Medina ; translated by Peter Krupa

Intersentia, c2014

タイトル別名

The American Convention on Human Rights : crucial rights and their theory and practice

大学図書館所蔵 件 / 全2件

この図書・雑誌をさがす

注記

Includes bibliographical references

内容説明・目次

内容説明

The Inter-American Convention of Human Rights contains an in-depth analysis and comment on five basic rights protected under the Inter-American Convention of Human Rights in the light of the decisions of the Inter-American Court of Human Rights, namely the rights to life, to personal freedom, to personal integrity, to due process of law and to a judicial remedy. Violations of these basic rights formed the majority of complaints before the Court at a time when many of the contracting States had either just left, or were still immersed in a dictatorship. In addition to the analysis of the Inter-American Court's judgments on these rights, the European and the universal jurisprudence have also been taken into consideration; both the European Court of Human Rights and the Human Rights Committee of the United Nations started their activities much earlier. For the analysis and interpretation of the five basic rights use has been made of the travaux preparatoires of the Inter-American Convention, mainly to show the lack of professionalism shown by the drafters during the debates and the lack of information in the minutes of the Specialized Convention. This book covers the first fifteen years of the Court's jurisdiction until 2003. Since then the Court has greatly advanced, however the author wishes those years to stand alone and not to disappear into the more sophisticated issues that started to reach the Court at a later stage. This book will show the reader the hesitant steps of the Court in developing its position on the five basic rights and also poses many questions upon which the Court should reflect in future cases and criticises some of its judgments for their shortcomings and lack of consistency. Those States where unseemly rules and practices regarding these rights prevailed reacted in a very negative way towards the Court's jurisdiction. The Inter-American Convention of Human Rights is a scholarly yet practical book on a relatively new system for the protection of human rights. It is a useful tool for practitioners to support their work in this field of law and also a valuable resource for scholars, inviting them to engage in a valuable intellectual but by all means practical discussion.

目次

Preface Acknowledgements Table of cases List of abbreviations Chapter 1. General Legal Framework 1.The American Convention on Human Rights 2. Interpretation of provisions that establish human rights 3. State obligations in the American Convention 3.1. Considerations of the term " jurisdiction" 3.2. Obligations of federal States 3.3. Obligations to respect and guarantee 3.4. Obligation to take measures 3.5. Obligation to cooperate 4. Attribution of State responsibility 5. Protected rights 6. Restrictions 7. Temporary suspension of obligations 7.1. Grounds for authorizing suspension 7.2. Obligations not susceptible to suspension 7.3. Proportionality of measures of suspension 7.4. Prohibition on affecting obligations not subject to suspension in other international law 7.5. Prohibition on discrimination 7.6. Notification of other States Parties and international oversight Chapter 2. Right to Life 1. Introduction 2. Right to life: a right, or also an obligation? 3. Protection of life from the moment of conception 4. Scope and forms of protection 4.1. The death penalty 4.2. Protection through preventative measures 4.3. Protection through supervision of compliance with preventative regulation 4.3.1. Obligation to investigate, try and punish 4.3.2. Impunity 4.3.3. Situations in which an obligation applies 4.3.4. Identification of the rights violated and entitlement to demand compliance with the obligation 4.3.5. Nature of the obligation to investigate, try and punish 4.4. Obligation to provide reparations 5. Other aspects of the right to life 6. Disappearances and the right to life Chapter 3. Right to Humane Treatment 1. Introduction 2. Different kinds of prohibited conduct 3. Prohibited conduct in the case law of the Inter-American Court 3.1. Concepts and elements of differentiation 3.2. Prohibited conduct and the right to life 3.3. Prohibited conduct and personal freedom 3.4. Prohibited conduct and relatives of certain human rights victims 3.5. Summary 4. The Inter-American Convention on Torture and the Court 4.1. The Inter-American Convention on Torture 4.2. Application of this Convention by the Inter-American Court 5. Scope and content of protection from prohibited conduct 5.1. Protection through preventative measures 5.2. Protection through monitoring compliance: the obligation to investigate, try and punish 5.3. Impunity 5.4. Obligation to provide reparations 6. The Belem do Para Convention and Article 5 of the American Convention on Human Rights 7. Places of detention and humane treatment: other issues 8. Special provisions for children and adolescents 9. Individualisation and the purpose of a sentence Chapter 4. Right to Personal Liberty 1. Introduction 2. General requirements for all deprivations of liberty 2.1. Legality 2.2. Absence of arbitrariness 3. Deprivation of liberty in the context of possible criminal proceedings 3.1. Grounds allowing for the apprehension of a person 3.2. Procedural requirements for an arrest 3.2.1. Right to be informed of the reasons for arrest 3.2.2. Right to be notified of the charges without delay 3.2.3. Right to be brought promptly before a judicial authority 3.2.4. Right to be brought to trial within a reasonable time or to be released 3.2.4.1. Reasons for keeping a person in detention 3.2.4.2. Concept of a reasonable period of time 3.2.4.3. Period to be considered for the purposes of application of Article 7(5) 3.3. Other State obligations with regard to the deprivation of liberty 3.4. Effects of deprivation of liberty on other human rights 4. Writ of habeas corpus 5. Prohibition of detention for debts 6. Forced disappearance of persons and Article 7 7. Deprivation of liberty and children and adolescents Chapter 5. Right to Due Process 1. Introduction 2. General requirements of due process 2.1. Right to a hearing 2.2. Criminal charges and determination of rights and obligations 2.3. Competent, independent and impartial tribunal, previously established by law 2.3.1. Concept of a tribunal 2.3.2. The establishment of the tribunal previously by law 2.3.3. Competent tribunal 2.3.4. Independent and impartial tribunal 2.4. Due guarantees 2.4.1. Principles of audi alteram partem and of equality in a proceeding 2.4.2. Right to be represented by an attorney 2.4.3. Reasonable time 2.4.3.1. Criteria for determining reasonableness 2.4.3.2. Burden of proof 2.4.3.3. How to measure the time period 2.4.3.4. Which periods count? Is the trial one entity? 2.4.4. Right to a reasoned ruling 2.4.5. Right for a ruling to be enforced 3. Special guarantees for the accused 3.1. Presumption of innocence 3.2. Other minimum guarantees 3.2.1. Right to a translator or interpreter 3.2.2. Right to be informed of the accusation 3.2.3. Granting the accused adequate time and means to prepare a defense 3.2.4. Right of the accused to defend himself personally or to have a lawyer with whom he may communicate freely and privately 3.2.5. Right to counsel provided by the state, according to domestic law 3.2.6. Right of the defense to examine witnesses or to obtain the appearance of experts or other persons 3.2.7. Right to be present at the trial 3.3. Possibility of other guarantees 3.4. Public trial, oral trials, and rulings open to the public 3.5. Right not to be compelled to be a witness against oneself or to plead guilty 3.6. Right to appeal the judgment to a higher court 3.7. Principle of ne bis in idem Chapter 6. Principle of Legality, Freedom from Ex Post Facto Laws and Right to Compensation for Miscarriage of Justice 1. Principle of legality 2. Nullum crimen sine lege: Freedom from ex post facto criminal laws 3. ullum poena sine lege 4. Right to compensation for miscarriage of justice Chapter 7. Right to Judicial Protection 1. Introduction 2. Article 25 and its connection with other provisions of the Convention 2.1. Article 25 and Articles 1(1) and 8 2.2. Article 25 and Article 7(6) 3. Characteristics of the remedy 3.1. Judicial remedy 3.2. Simple, prompt and effective remedy 3.2.1. Simple and prompt remedy 3.2.2. Effective remedy 4. State obligations 5. Right to a remedy and emergency situations

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