The Situation of Reparations in the Inter-American Human Rights System

Publication by Postdoctoral Fellow Juan Pablo Pérez-Léon Acevedo on ASIL Insights with "Analysis and Comparative Considerations" on reparations. 

Conclusion

As compared to other adjudicative human rights bodies, the IACtHR’s reparations regime exemplifies the tension between fragmentation and unification of international law. Across international/regional human rights reparation regimes, compliance monitoring of reparation orders is either judicial or nonjudicial. Although all forms of reparations may potentially be ordered by all institutions examined, their application has varied widely.  Overall, the IACtHR’s practice has been the most robust due to, inter alia, the wide array of modalities of reparations frequently granted and the mechanisms to monitor their enforcement, which makes it stand out from other international/regional human rights reparations regimes. Indeed, seminal developments in the IACtHR’s reparations case law have, mutatis mutandis, influenced the practice of other reparations regimes.

Tags: Criminal law
Published Oct. 5, 2016 9:20 AM - Last modified Mar. 21, 2017 9:43 AM