Reducing Victim-Oriented Interpretation in the Inter-American Court of Human Rights: At the Price of Procedural Certainty?

65 Pages Posted: 29 Jun 2017

See all articles by Judith Schönsteiner

Judith Schönsteiner

Human Rights Centre Universidad Diego Portales

Date Written: March 15, 2011

Abstract

This paper revises procedural and substantive interpretation by the judges of the Inter-American Court of Human Rights, between 2000 and 2009. The empirical (qualitative) data shows that two paradigms have lived together for about 6 years, until in 2006, coinciding with judge Cansado Trinidad leaving the Court, the participatory approach took more prominence. The data shows as well that the decision to implement procedural changes gradually had the disadvantage of compromising, at times, judicial certainty. The actor-centred methodology of this paper allows to present tensions as well as synergies between the parties interacting before the Court. This paper is part of a larger research project that was accepted by the University of Essex as a PhD dissertation, and was published in the archives of the British Library (2011).

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Suggested Citation

Schönsteiner, Judith, Reducing Victim-Oriented Interpretation in the Inter-American Court of Human Rights: At the Price of Procedural Certainty? (March 15, 2011). Available at SSRN: https://ssrn.com/abstract=2992877 or http://dx.doi.org/10.2139/ssrn.2992877

Judith Schönsteiner (Contact Author)

Human Rights Centre Universidad Diego Portales ( email )

Vergara 210
Santiago, Santiag
Chile

HOME PAGE: http://www.derechoshumanos.udp.cl

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