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Journal Articles

Victim Reparations in the Inter-American Human Rights System: A Critical Assessment of Current Practice and Procedure

Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention’s reparations provision and compares that authority with that provided for in the European human rights system. Part III sets forth the Inter-American Court’s procedures for determining reparations once State responsibility has been established. Part IV evaluates the parties who may receive reparations. Part V analyzes the types of reparations provided generally under international law and specifically in the Inter-American system. Part VI criticizes the Court’s determination to grant only a small share of the reparations to the victim’s spouse. Part VII sets forth the method of payment of Court ordered compensation. Part VIII suggests that the Court consistently structure its procedural phases to provide for a final, comprehensive reparations phase. Finally, Part IX outlines the principles of the execution of Court-ordered reparations and delineates State compliance to date.

Globelex Series: ILCAT (Core), ILABS (Core)

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