Antônio Augusto Cançado Trindade
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199580958
- eISBN:
- 9780191728785
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580958.003.0002
- Subject:
- Law, Human Rights and Immigration
The right of individual petition at international level has a long history, which has nowadays consolidated it as a legal right. It has had distinct formulations in several human rights treaties and ...
More
The right of individual petition at international level has a long history, which has nowadays consolidated it as a legal right. It has had distinct formulations in several human rights treaties and international instruments, at both universal (United Nations) and regional levels. By means of its exercise, individuals have achieved direct access before international human rights tribunals. This is illustrated by recent developments in the European, the inter-American and the African human rights systems. A remarkable evolution, concerning the legitimatio ad causam, has been taking place, moving from locus standi in judicio to jus standi of individuals in international legal proceedings.Less
The right of individual petition at international level has a long history, which has nowadays consolidated it as a legal right. It has had distinct formulations in several human rights treaties and international instruments, at both universal (United Nations) and regional levels. By means of its exercise, individuals have achieved direct access before international human rights tribunals. This is illustrated by recent developments in the European, the inter-American and the African human rights systems. A remarkable evolution, concerning the legitimatio ad causam, has been taking place, moving from locus standi in judicio to jus standi of individuals in international legal proceedings.
Antônio Augusto Cançado Trindade
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199580958
- eISBN:
- 9780191728785
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580958.003.0011
- Subject:
- Law, Human Rights and Immigration
International human rights tribunals, such as the Inter-American and the European Courts of Human Rights, have in recent years been engaged in overcoming obstacles to the individual's direct access ...
More
International human rights tribunals, such as the Inter-American and the European Courts of Human Rights, have in recent years been engaged in overcoming obstacles to the individual's direct access to justice. On three recent occasions, for example, the Inter-American Court has pronounced on the incompatibility of self-amnesties with the relevant provisions of the American Convention on Human Rights.This evolution has disclosed both an institutional and a jurisprudential dimension. The former is materialized in the presence and participation of the victims in all stages of the international legal procedure. The second has recently culminated in holdings of the Inter-American Court to the effect that the right of access to justice has nowadays entered the domain of jus cogens.Less
International human rights tribunals, such as the Inter-American and the European Courts of Human Rights, have in recent years been engaged in overcoming obstacles to the individual's direct access to justice. On three recent occasions, for example, the Inter-American Court has pronounced on the incompatibility of self-amnesties with the relevant provisions of the American Convention on Human Rights.This evolution has disclosed both an institutional and a jurisprudential dimension. The former is materialized in the presence and participation of the victims in all stages of the international legal procedure. The second has recently culminated in holdings of the Inter-American Court to the effect that the right of access to justice has nowadays entered the domain of jus cogens.
