sábado, 11 de febrero de 2017

Artículos sobre el Sistema Interamericano en la Revista "International Journal of Human Rights"

Reporte elaborado por Oswaldo Ruiz-Chiriboga.

La Revista International Journal of Human Rights publicó en línea los siguientes tres artículos sobre el Sistema Interamericano de Derechos Humanos:
Clara Sandoval  

ABSTRACT: "This article is a contribution to an area of research that remains neglected in both the literature on reparations under international law and on the jurisprudence of the Inter-American Court of Human Rights: the coexistence of reparation regimes at the international and domestic level and the problems this creates. In particular, it reflects on the jurisprudential turn of the Inter-American Court in the area of reparations as a result of considering allegations regarding Domestic Reparations Programmes (DRPs) in states undergoing transitions, particularly Chile, Colombia, Guatemala and Peru. In addition to considering the role of subsidiarity in the most recent jurisprudence of the court, it addresses three questions: Why has the Inter-American Court tried to reconcile the coexistence of these reparations systems? How has it done so? And, what are the consequences of this jurisprudential turn for international law and for the institutional design of the Inter-American System?"

Gabriela Kletzel 

ABSTRACT: "Despite the enormous relevance of its work, in recent years an intense debate has taken place regarding the Inter-American Commission on Human Rights’ agenda, powers and alliances. Although this experience was referred to by States as a ‘strengthening process’, when the IACHR’s work came under scrutiny in this latest reform process, tensions and political agendas dominated. The process lacked a robust discussion on how to bolster the mechanism’s agenda and tools for the protection and promotion of human rights in order to contribute to a better assessment of the region’s main problems and to achieve greater impact on concrete realities. The possibility of reorienting this focus might have re-emerged with the IACHR’s launching of the process to draft a new Strategic Plan. From a practitioner’s point of view, this article seeks to offer some reflections on the IACHR’s agenda, approaches and workings that can hopefully serve as a contribution to the development and execution of this new Plan, precisely from the perspective that was lacking during the last ‘strengthening’ debates."

Geneviève Lessard 

ABSTRACT: "In recent cases regarding Colombia, the Inter-American Court of Human Rights has deferred certain components of reparations to domestic mechanisms. This article reflects on this new tendency with regard to the ability of the court to generate changes within the state parties that will ensure the long-term prevention of human rights violations. A thorough examination of the court’s decisions in various Colombian cases demonstrates the progression of how this new approach emerged and shows that it stands in sharp contrast with the approach the court had developed since 2000. The article then turns to exploring possible causes for and consequences of these changes in the Colombian context."

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