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1998: Rcmulo Estrada V.Ithaka

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Chapter Summary

In the bench memorandum judges should expect the State to argue that they want to focus on the substantive discussion and that it is not their interest to defeat the Court's jurisdiction on procedural grounds, as a matter of principle. The objective of this requirement is to ensure that the State has the opportunity to resolve the matter through its own legal framework.The Inter American case laws set standard s such as 1) the actions of the victim or other person pursuing the case 2) the actions of the tribunal or judicial authorities responsible for the case and 3) the degree of complexity of the issue in question. The American Convention is based on broad principles of non-discrimination and equal protection. Article1 provides that each established right must be respected and guaranteed without discrimination on the basis of a number of factors including gender.

Keywords: American Convention; Bench Memorandum; Court's jurisdiction; equal protection; legal framework; non-discrimination



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