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Opinion Individuelle du Juge A.A. Cançado Trindade dans l’affaire du Massacre de Pueblo Bello versus Colombie (Réparations, Arrêt du 31.01.2006)

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Chapter Summary

This chapter focuses on the right of access to justice (in the broad sense),and overviews the guarantees of "due process of law". It briefly reviews the preliminary considerations regarding the involvement of the general right to a fair trial (Article 1 (1) of the American Convention) and erga omnes rights on protection. The conventional standard of protection affects relationships with third parties, and configures erga omnesin nature protection obligations (the Drittwirkung). The chapter analyzes these obligations erga omnes from two dimensions: horizontal and vertical, which is completent. Thus, the obligations erga omnes of protection, in the horizontal direction, and the obligations related to the protection of human beings are due to the international community. The draft Declaration itself was prepared within the framework of the United Nations Commission on Human Rights, by a working group that drew up between May 1947 and June 1948. The original text of the chapter is in French.

Keywords: erga omnes; fair trial; international community; rights on protection; United Nations Commission on Human Rights.



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