Friendly Settlements in the Inter-American Human Rights System: Efficiency, Effectiveness and Scope

Ziccardi, Natalia Saltalamacchia; Martínez, Jimena Álvarez; Castelán, Brianda Romero; Valverde, María José Urzúa

doi:10.1007/978-3-319-89459-1_3

Cited by 2 publications

(1 citation statement)

References 2 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…This situation is particularly worrisome for the African Commission which is supposed to be a shining example of amicable settlement on the continent. Unlike in Africa, the friendly settlement procedure has been effective in the European and Inter-American human rights systems (Standaert, 1999;Kuveya, 2006;Ziccardi et al, 2018). Settled cases in the European human rights system, for instance, have covered applications alleging violations of every one of the thirteen guaranteed freedoms under the European Convention on Human Rights (Weber, 2007).…”

Section: Introductionmentioning

confidence: 99%

Amicable Settlement of Disputes and Proactive Remediation of Violations under the African Human Rights System

Ayeni¹,

Ibraheem²

2019

BLR

View full text Add to dashboard Cite

The communication procedures of international human rights tribunals in a few cases have served as catalysts for amicable settlement of disputes and self-initiated redress of human rights violations. International litigation has the potential of exposing states to undesirable negative publicity which could affect their standing before their donors and in the comity of nations. In a bid to avoid the "naming and shaming" and negative publicity associated with having to defend a potentially scandalous human rights violations case, states in Africa have found it desirable, in some cases, to submit to a private confidential process of amicable settlement or to quickly undertake proactive measures to redress the violations before a decision is made on the merits by the relevant human rights tribunal. This article examines notable examples of amicable settlement of disputes in the African human rights system and the inherent potentials and pitfalls in the use of such mechanisms for the promotion and protection of human rights in Africa. While focusing on the three main regional human rights tribunals in Africa, the article argues the need for the overhauling of the rules of procedures of the three human rights bodies examined, which are largely underdeveloped with regard to the specific requirements and conditions for arriving at a friendly settlement. The article also highlights the importance of funding and professionalism to the proper handling of the friendly settlement procedure and discusses other factors responsible for the underutilization of the friendly settlement procedure by regional human rights tribunals in Africa.

show abstract

Section: Introductionmentioning

confidence: 99%

Amicable Settlement of Disputes and Proactive Remediation of Violations under the African Human Rights System

Ayeni¹,

Ibraheem²

2019

BLR

View full text Add to dashboard Cite

show abstract

Is the Bad News about Compliance Bad News about Human Rights? Evidence from the Inter-American Commission on Human Rights

Montal¹,

Pauselli²

2023

International Studies Quarterly

View full text Add to dashboard Cite

How do authoritative international bodies decide that states have complied with their orders? Compliance research has mostly focused on how states react to rulings and how interest groups mobilize for and against compliance. Less has been said about how international bodies certify compliance with their orders in contexts of conflicting interests and incomplete information. Because in theory the seal of compliance could be given to different types and volumes of state actions, we argue that when nongovernmental organizations (NGOs) monitor implementation closely, international adjudicators will be more demanding in compliance certification, resulting in more protracted compliance monitoring processes. We test our expectations in the case of the Inter- American Commission of Human Rights and find that recommendations take longer to reach status of full compliance when more NGOs act as petitioners and when they have more experience with monitoring compliance. If NGOs help that more effective implementation receives an international organization's seal of approval, large numbers of orders without full compliance might not necessarily be bad news about human rights on the ground.

show abstract

Friendly Settlements in the Inter-American Human Rights System: Efficiency, Effectiveness and Scope

Cited by 2 publications

References 2 publications

Amicable Settlement of Disputes and Proactive Remediation of Violations under the African Human Rights System

Amicable Settlement of Disputes and Proactive Remediation of Violations under the African Human Rights System

Is the Bad News about Compliance Bad News about Human Rights? Evidence from the Inter-American Commission on Human Rights

Contact Info

Product

Resources

About