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Legislative measures as remedies for violations of international human rights law in the three regional systems

Lize Glas

Chapter 25 in Research Handbook on Accountability for Human Rights Violations, 2025, pp 444-463 from Edward Elgar Publishing

Abstract: When a human right is violated, a state must, among other things, guarantee non-repetition. To ensure this, a state may have to repeal laws that contributed to or authorized a violation, or enact laws to ensure respect for human rights. This chapter examines the question of how the human rights bodies in the three regional systems deal with legislative measures as guarantees of non-repetition, focussing on the contentious jurisdiction of the ACommHPR, ACtHPR, ECtHR, IACommHR and IACtHR. This question is answered by analysing whether the mandate of the bodies explicitly or implicitly includes the indication of legislative remedies, how the indications regarding legislative measures can be characterised, how these bodies supervise the follow-up of the indications, and whether the indications are actually complied with by the states concerned.

Keywords: Remedies; Legislation; Guarantees of non-repetition; European Court of Human Rights; Inter American Court of Human Rights; African Court on Human and Peoples; Rights (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035306923
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