Chapter

Access to Justice: The Safeguard and Preservation of the Integrity of International Jurisdiction

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print August 2011 | ISBN: 9780199580958
Published online January 2012 | e-ISBN: 9780191728785 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199580958.003.0006

Series: Collected Courses of the Academy of European Law

Access to Justice: The Safeguard and Preservation of the Integrity of International Jurisdiction

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The safeguard and preservation of the integrity of international jurisdiction are of the utmost importance for assuring the access of individuals to international justice. In recent years, both the European and Inter-American Courts of Human Rights have put limits to State voluntarism and thereby safeguarded the integrity of the respective international mechanisms of human rights protection, duly preserved, to the benefit of the alleged victims.The direct access of individuals to international justice is also manifested in provisional measures of protection, in so far as the preventive dimension is concerned. It further encompasses, in proceedings on contentious cases, the safeguard of the guarantees of the due process of law.

Keywords: international jurisdiction; international mechanisms of human rights protection; provisional measures of protection; judicial guarantees; due process of law

Chapter.  6173 words. 

Subjects: Human Rights and Immigration

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