Engendering the Reparations Jurisprudence of the Inter-American Court of Human Rights: The Promise of the Cotton Field Judgment

Human Rights Quarterly, Volume 33, Number 4, November 2011, pp. 1062-1091

Posted: 9 Mar 2018

See all articles by Ruth Rubio-Marin

Ruth Rubio-Marin

European University Institute; European University Institute - Department of Law (LAW); University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: November 2011

Abstract

This article puts forward the elements of a holistic gender approach to reparations to be followed by international tribunals in cases of violence and discrimination against women, and uses them to test the reparation’s jurisprudence of the Inter-American Court of Human Rights, giving particular attention to the Castro Castro Prison and the Cotton Field decisions. The article considers the significant progress made by the Court so far, as well as the major challenge that still lies ahead in making reparations gender-sensitive and delivering, although in a modest way, transformative remedies able to subvert sexual hierarchies.

Keywords: International Human Rights Law, Inter-American Court of Human Rights

JEL Classification: K00

Suggested Citation

Rubio-Marin, Ruth, Engendering the Reparations Jurisprudence of the Inter-American Court of Human Rights: The Promise of the Cotton Field Judgment (November 2011). Human Rights Quarterly, Volume 33, Number 4, November 2011, pp. 1062-1091, Available at SSRN: https://ssrn.com/abstract=3134058

Ruth Rubio-Marin (Contact Author)

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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