Volume 5 : 1
Translation Challenges of the Inter-American Court of Human Rights and Cost-Effective Proposals for Improvement
American Convention on Human Rights Articles 46(1)(a) and 46(2)(c): Achilles Heel or Trojan Horse?
Measures of Reparation for Victims of Gross Human Rights Violations: Developments and Challenges in the Jurisprudence of Two Regional Human Rights Courts
The Institutionalization of People with Mental Disabilities: Comparative Analysis between Its Treatment under the Inter-American and European System of Human Rights
Interpreting the European Convention: What can the African Human Rights System Learn from the Case Law of the European Court of Human Rights on the Interpretation of the European Convention?
Gobernar desde abajo: Del control de convencionalidad a la instrumentalización de la inversión estructural de la pirámide kelseniana
Advocacy for a U.S. Commission of Inquiry on Torture in the Context of the “War on Terror” Inspired by the Latin American Experience: Chile and El Salvador
El sistema africano: Pilar más incipiente de la trilogía de mecanismos regionales de salvaguardia de los derechos humanos
Implementation of Judgments: Should Supervision be Unlinked from the General Assembly of the Organization of American States?
Translation Challenges of the Inter-American Court of Human Rights and Cost-Effective Proposals for Improvement
American Convention on Human Rights Articles 46(1)(a) and 46(2)(c): Achilles Heel or Trojan Horse?
Measures of Reparation for Victims of Gross Human Rights Violations: Developments and Challenges in the Jurisprudence of Two Regional Human Rights Courts
The Institutionalization of People with Mental Disabilities: Comparative Analysis between Its Treatment under the Inter-American and European System of Human Rights
Interpreting the European Convention: What can the African Human Rights System Learn from the Case Law of the European Court of Human Rights on the Interpretation of the European Convention?
Gobernar desde abajo: Del control de convencionalidad a la instrumentalización de la inversión estructural de la pirámide kelseniana
Advocacy for a U.S. Commission of Inquiry on Torture in the Context of the “War on Terror” Inspired by the Latin American Experience: Chile and El Salvador
El sistema africano: Pilar más incipiente de la trilogía de mecanismos regionales de salvaguardia de los derechos humanos
Implementation of Judgments: Should Supervision be Unlinked from the General Assembly of the Organization of American States?
Year
2012
Volume
5
Number
1
Page
197
Language
English
Court
Reference
J. SCHNEIDER, “Implementation of Judgments: Should Supervision be Unlinked from the General Assembly of the Organization of American States?”, IAEHR 2012, nr. 1, 197-215
Recapitulation
Implementation of judgments of the Inter-American Court of Human Rights remains the weakest point of the Inter-American human rights protection system. At the end of 2011, out of 136 cases decided by the Court, 124 were still open for supervision. This evidences that purely judicial supervision, as is currently applied by the Court, is not sufficient. Complementary political action is inevitable.
After serious conflicts between the Court and the General Assembly on exhortation of recalcitrant states at the beginning of the 2000s, the Court had completely left the Assembly out of the process for years, developing its own supervision procedure. Nevertheless, in view of several cases pending without progress for years, the question of application of Article 65 ACHR has recently been discussed again among the Judges of the Court.
This paper will briefly present the background of the Court’s dismay with the General Assembly, recount former reform proposals, critically assess the Judges’ arguments for and against submission of cases to the Assembly, and finally make a proper proposal of how a more efficient political supervision mechanism might be conceived.
After serious conflicts between the Court and the General Assembly on exhortation of recalcitrant states at the beginning of the 2000s, the Court had completely left the Assembly out of the process for years, developing its own supervision procedure. Nevertheless, in view of several cases pending without progress for years, the question of application of Article 65 ACHR has recently been discussed again among the Judges of the Court.
This paper will briefly present the background of the Court’s dismay with the General Assembly, recount former reform proposals, critically assess the Judges’ arguments for and against submission of cases to the Assembly, and finally make a proper proposal of how a more efficient political supervision mechanism might be conceived.
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