Articles for tag: AmtszeitbegrenzungInteramerikanischer Gerichtshof für MenschenrechteInteramerikanisches MenschenrechtssystemReelection Clause

Is there a Human Right to Indefinitely Run for Reelection?

In the next few months, the Inter-American Court of Human Rights (I/A Court) shall issue an advisory opinion in order to clarify whether presidential reelection is a right arising from the American Convention on Human Rights and, if so, whether it can be restricted. This article addresses one of the aspects which will probably be elaborated upon in said opinion, that is to say the inadequate use of the conventionality control with a view to modifying, by means of a judicial decision, constitutional provisions whose scope should only be scrutinized by mechanisms of constitutional creation or reform under the rule of law.

Brazil in the Dock: The Inter-American Court of Human Rights Rulings Concerning the Dictatorship of 1964-1985

On July 4th 2018, the Inter-American Court of Human Rights (IACtHR) made public the condemnation of Brazil for its omission in investigating, prosecuting and condemning the public agents supposedly liable for the torture and murder of the journalist Vladimir Herzog. The events took place back in 1975, during the dictatorship of 1964-1985. After several attempts to move judicial authorities in the domestic system, the case was taken to the Inter-American Commission of Human Rights and, finally, to the IACtHR. Investigation is now open again in Brazil. However, as we will demonstrate in the following piece, there is a stark dissent ... continue reading