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The Access of Individuals to International Justice$
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Antônio Augusto Cançado Trindade

Print publication date: 2011

Print ISBN-13: 9780199580958

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199580958.001.0001

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The Overcoming of Obstacles to Direct Access to Justice

The Overcoming of Obstacles to Direct Access to Justice

Chapter:
(p.192) XI The Overcoming of Obstacles to Direct Access to Justice
Source:
The Access of Individuals to International Justice
Author(s):

Antônio Augusto Cançado Trindade

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199580958.003.0011

International human rights tribunals, such as the Inter-American and the European Courts of Human Rights, have in recent years been engaged in overcoming obstacles to the individual's direct access to justice. On three recent occasions, for example, the Inter-American Court has pronounced on the incompatibility of self-amnesties with the relevant provisions of the American Convention on Human Rights.This evolution has disclosed both an institutional and a jurisprudential dimension. The former is materialized in the presence and participation of the victims in all stages of the international legal procedure. The second has recently culminated in holdings of the Inter-American Court to the effect that the right of access to justice has nowadays entered the domain of jus cogens.

Keywords:   right of direct access to justice, self-amnesties, locus standi in judicio, right to the Law, victims' participation, jus cogens

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