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Enhancing Human Rights Protection through Procedure: Procedural Rights and Guarantees Derived from Substantial Norms in Human Rights Treaties

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Chapter Summary

This chapter will focus on the jurisprudential development of international human rights law. One main purpose of the chapter is to show the existence of minimum common standard in relation to procedural rights and guarantees present in the jurisprudence and case-law of the three most important human rights protection bodies: the European Court of Human Rights (ECtHR), the Inter-American Court of Human Rights (IACtHR) and the United Nations Human Rights Committee (HRC). According to the effectiveness principle, the protection awarded to individuals by the State must be effective, actually ensuring and guaranteeing such right. One of the most recent and innovative interpretation of human rights obligations has lead to the current era of human rights development: Human rights norms have been granted an additional procedural dimension.A study of the jurisprudence of the HRC, the ECtHR and the IACtHR shows distinction between two main kinds of derivative procedural rights and guarantees.

Keywords: European Court of Human Rights (ECtHR); human rights law; Inter-American Court of Human Rights (IACtHR); Jurisprudence



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