This chapter examines the role of the regional human rights Courts’ judgments and the Courts’ power to award reparation to the victims of human rights violations. It discusses the legal validity of judgments, and the respondent states’ obligation to accept and implement them. It also analyses the temporal dimension: the time frame within which judgments should be delivered and the period within which respondent states must comply. Furthermore, it deals with procedural questions concerning the issuance of judgments (including dissenting opinions), the pilot judgments procedure, the reconsideration, revision and interpretation of judgments as well as the rectification of errors. The chapter then considers the issue of reparation. After explaining their justice-based purpose, it sets out the basic provisions that ground the Courts’ power to award reparation. It then examines the prerequisites for reparation. Finally, it comparatively examines the awards made by IACtHR, the ACtHPR and the ECtHR, concluding that the victim-centred approach of the former two affords greater priority to individual justice than the more limited, corrective justice approach of the latter.

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The Issuance of Judgments and Victims’ Reparations

  • Konstantinos D. Magliveras,
  • Ahmed Almutawa

摘要

This chapter examines the role of the regional human rights Courts’ judgments and the Courts’ power to award reparation to the victims of human rights violations. It discusses the legal validity of judgments, and the respondent states’ obligation to accept and implement them. It also analyses the temporal dimension: the time frame within which judgments should be delivered and the period within which respondent states must comply. Furthermore, it deals with procedural questions concerning the issuance of judgments (including dissenting opinions), the pilot judgments procedure, the reconsideration, revision and interpretation of judgments as well as the rectification of errors. The chapter then considers the issue of reparation. After explaining their justice-based purpose, it sets out the basic provisions that ground the Courts’ power to award reparation. It then examines the prerequisites for reparation. Finally, it comparatively examines the awards made by IACtHR, the ACtHPR and the ECtHR, concluding that the victim-centred approach of the former two affords greater priority to individual justice than the more limited, corrective justice approach of the latter.