Chapter

The Overcoming of Obstacles to Direct Access to Justice

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/9780199580958.003.0011

Series: Collected Courses of the Academy of European Law

The Overcoming of Obstacles to Direct Access to Justice

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International human rights tribunals, such as the Inter-American and the European Courts of Human Rights, have in recent years been engaged in overcoming obstacles to the individual's direct access to justice. On three recent occasions, for example, the Inter-American Court has pronounced on the incompatibility of self-amnesties with the relevant provisions of the American Convention on Human Rights.This evolution has disclosed both an institutional and a jurisprudential dimension. The former is materialized in the presence and participation of the victims in all stages of the international legal procedure. The second has recently culminated in holdings of the Inter-American Court to the effect that the right of access to justice has nowadays entered the domain of jus cogens.

Keywords: right of direct access to justice; self-amnesties; locus standi in judicio; right to the Law; victims' participation; jus cogens

Chapter.  9883 words. 

Subjects: Human Rights and Immigration

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