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Separate Opinion of Judge A.A. Cançado Trindade in the Case of Cantoral Benavides versus Peru (Reparations, Judgment of 03.12.2001)

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Chapter Summary

The first point of this chapter raises the question of the scope of the duty to provide reparation under Article 63.1 of the Convention, while the second point pertains to the forms of the duty of reparation. The points are referred in the context of the circumstances of the cas d'espèce. In the present Judgment, the Inter-American Court extended the protection of the Law to the victim in the cas d'espèce, in establishing, inter alia, the State's duty to provide him with the means to undertake and conclude his university studies in a centre of recognized academic quality. The present Judgment is endowed with a symbolic value which renders it emblematic: in an epoch in which, as a notorious fact, the States of the region adopt public policies which do not disclose much regard for education, in grave prejudice.

Keywords: American Convention on HumanRights; cas d'espèce; domestic law; Inter-American Court of HumanRights; reparation



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