The right of individual petition in the inter-american system of human rights, and its relation with interim and provisional measures
DOI:
https://doi.org/10.17533/udea.esde.5204Keywords:
Inter-American System of Human Rights, right of individual petition, provisional measures, international commitments, international responsibilityAbstract
This paper addresses the concept of individual petition before the Inter American System on Human Rights. It discuses if such provision could be understood as an independent and autonomous right. Therefore, it (i) presents a comparative analysis of its` conception in the Inter American System and the European System on Human Rights, (ii) explains why article 44 of the American Convention on Human Rights does not include the right of individual petition as an independent right, (iii) proposes as an alternative to include the right of petition as a part of the right to judicial protection (article 25 of the American Convention) in order to guarantee its protection and (iv) analyses the incidence that this matter may have over the provisional measures under the Inter American Court on Human Rights.
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