Compensating human dignity: “just satisfaction” and integral reparation approaches : a comparative analysis between the jurisprudence of the European Court of Human Rights and the Inter-American Court Human Rights
Compensating human dignity: “just satisfaction” and integral reparation approaches : a comparative analysis between the jurisprudence of the European Court of Human Rights and the Inter-American Court Human Rights
Date
2019
Authors
Ayala Zamora, Bárbara María
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Abstract
Reparations are intimately related to the effectiveness of the Regional Human
Rights Protection System. For the adequate protection of human dignity, it is
crucial that every system provides the right to reparation within its conventions. In
response to the lack of an integral system for reparation, the United Nations
created the “Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law” as a standard guide to the
international human rights law on reparations. However, the jurisprudence’s
practices and developments in the Inter-American Court of Human Rights and the
European Court of Human Rights, have made notable differences in recognition of
the right to reparations. The Inter-American System has opted to establish and
grant an integral reparation, providing a broader catalogue of measures and
remedies that states must adopt in specific cases for proper redress. While the
European System has differed substantially, and the right to reparation has been
based on the principle of subsidiarity, limiting its action, letting the states decide the
means and the form in which they will compensate the victim. Nevertheless, the
essential objective of reparation is to restore human dignity, which is recognized as
the guiding principle of human rights by international law and the regional systems.
Therefore, a theoretical and practical comparison between both systems is made
to visualize the most effective way to protect and human dignity.
Description
Second semester University: Université de Montpellier
Keywords
reparations,
regional human rights protection systems,
comparative law,
Inter-American Court of Human Rights,
European Court of Human Rights,
human rights violations,
victims,
dignity