The Right to Truth in International Human Rights Law
By Julia Kertesz
Length13h 19m
About this audiobook
The present book addresses the right to truth in the field of international human rights law. The objective is to verify the outlines of this right that make it unique, and which justify its own (disputable) existence in the human rights scenario as a legally binding norm. Departing from a historical perspective of the emergence of this right in International Law, the intent is to analyze the multiple debates that have marked the development of the right to truth throughout the past decades. It is explored, therefore, how the a priori abstract notion of truth became a right and the strict relation this has with the social mobilizations of victims of gross violations of human rights. To accomplish this, the book spans across the struggle, in particular, of the relatives of disappeared victims during the 1970's and 1980's when the dictatorships reigned in Latin America. It follows on the expansion of the right to truth during what has been known as the fight against impunity, until it reaches the main human rights courts. To finalize, it discusses the inclusion of the right to truth in the International Convention on the Protection of All Persons from Enforced Disappearance and the measures more commonly used to realize such right. In the book, it is concluded that the right to truth carries a singularity that is crucial for the protection of victims of gross human rights violations.
Audiobook details
GenrePolitics and Government
Length13 hrs 19 mins
Narrated byListen with 1,000+ voices
FormateBook with Audio
Publish dateMay 27, 2021
LanguageEnglish
Table of contents
1ABBREVIATIONS
2INTRODUCTION
3OBJECTIVES AND ISSUES PURSUED
4INVESTIGATION PATH AND SOURCES
5I. THE RIGHT TO KNOW IN INTERNATIONAL HUMANITARIAN LAW
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6II. THE EMERGENCE OF TRUTH IN INTERNATIONAL HUMAN RIGHTS LAW: INITIAL RESPONSES AGAINST ENFORCED DISAPPEARANCE
7UNITED NATIONS RESOLUTIONS ON THE MISSING AND DISAPPEARED (1970’S)
8UNITED NATIONS AD HOC WORKING GROUP IN CHILE (1975)
9UNITED NATIONS WORKING GROUP ON ENFORCED OR INVOLUNTARY DISAPPEARANCE (1980)
10HUMAN RIGHTS COMMITTEE - CASE QUINTEROS V. URUGUAY (1983)
11INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (1985-1986)
12CONCLUSION
13III. THE FIGHT AGAINST IMPUNITY: EXPANDING THE STRUGGLE FOR THE TRUTH
14UN INITIAL REACTION TO AMNESTY LAWS
15INTERNATIONAL CONFERENCES ON IMPUNITY
16THE INTRODUCTION OF IMPUNITY IN THE NGOS’ AGENDA - HUMAN RIGHTS WATCH (1989) AND AMNESTY INTERNATIONAL (1991)
17INTER-AMERICAN COMMISSION ON HUMAN RIGHTS INDIVIDUAL CASES ON IMPUNITY AND TRUTH
18THE EMERGENCE OF INTERNATIONAL NORMS CONFRONTING IMPUNITY
19UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary or Summary Executions (1989)
20UN Declaration on the Protection of All Persons Against Enforced Disappearance (1992)
21Inter-American Convention on Forced Disappearance of Persons (1994)
22THE CONVERGENCE OF TRUTH IN VARIED AGENDAS
23Richard Carver (Article 19) and Frank La Rue (CALDH): Truth and Access to Information
24UN Special Rapporteur Theo van Boven: Truth as a Measure of Reparation (1993)
25UN Special Rapporteur Louis Joinet: Truth as a Principle Against Impunity (1997)
26CONCLUSION
27IV. THE SEARCH FOR TRUTH REACHES THE COURTS
28INTER-AMERICAN COURT OF HUMAN RIGHTS
29INITIAL APPROACHES TO THE RIGHT TO TRUTH: VELASQUEZ RODRIGUES (1988) AND CASTILLO-PAEZ (1997)
30LEGAL FRAMEWORK OF THE RIGHT TO TRUTH IN THE AMERICAN CONVENTION ON HUMAN RIGHTS
31Access to Justice as the Prime Fundament: Articles 8 and 25 ACHR (Bámaca Velasquez 2000)
32Complementary Sources: Articles 13 and 5 ACHR/article 8 Convention on the Rights of the Child
33THE INCOMPATIBILITY BETWEEN THE RIGHT TO TRUTH AND AMNESTY LAWS: BARRIOS ALTOS CASE (2001)
34THE RIGHT TO TRUTH AND THE COLLECTIVE PURPOSES
35Truth Commissions and the Concept of Historical Truth
36The Societal Dimension of the Right to Truth
37Human Rights Chamber for Bosnia and Herzegovina
38European Court of Human Rights
39CONCLUSION
40V. TRUTH AS A BINDING NORM: THE INTERNATIONAL CONVENTION ON THE PROTECTION OF ALL PERSONS FROM ENFORCED DISAPPEARANCE
41THE INTERNATIONAL CONVENTION ON THE PROTECTION OF ALL PERSONS FROM ENFORCED DISAPPEARANCE
42Background to the Elaboration of the Iced
43The Right to Truth in the Iced
44IMPLEMENTING THE RIGHT TO TRUTH: AVAILABLE MEASURES
45Truth Commissions
46Archives
47Criminal Investigation
48Exhumation
49CONCLUSION
50FINAL REMARKS > FROM SOCIAL MOBILIZATIONS TO A LEGALLY BINDING NORM: THE UNIQUENESS OF THE RIGHT TO TRUTH
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