Book contents
- Frontmatter
- Foreword
- Preface
- Acknowledgments
- Contents
- Table of Cases
- Chapter 1 The Court and its Circumstances
- Chapter 2 The Principle of Equality and Non-Discrimination
- Chapter 3 Disappearances
- Chapter 4 Right to Life
- Chapter 5 Right to Humane Treatment
- Chapter 6 Right to Personal Liberty
- Chapter 7 Right to Due Process
- Chapter 8 The Principles of Legality and of the Most Favorable Law
- Chapter 9 Right to Judicial Protection
- Index
- About The Authors
Chapter 3 - Disappearances
Published online by Cambridge University Press: 17 December 2022
- Frontmatter
- Foreword
- Preface
- Acknowledgments
- Contents
- Table of Cases
- Chapter 1 The Court and its Circumstances
- Chapter 2 The Principle of Equality and Non-Discrimination
- Chapter 3 Disappearances
- Chapter 4 Right to Life
- Chapter 5 Right to Humane Treatment
- Chapter 6 Right to Personal Liberty
- Chapter 7 Right to Due Process
- Chapter 8 The Principles of Legality and of the Most Favorable Law
- Chapter 9 Right to Judicial Protection
- Index
- About The Authors
Summary
INTRODUCTION
1. Although human rights are universal, every region finds modalities to adjust this universality, as far as protection systems are concerned, to the nuances necessary to deal with the people, the States and the culture in which they are immersed at a given time in order to fulfil their role as comptrollers of States’ compliance with the obligations emerging from the respective treaties. Implicit in this statement is the need to consider the political, social and economic situation in the States subject to supervision. A significant factor that influenced the nature of the nuances devised by the inter-American system was the phenomenon of disappearances in the region, a weapon used by some States to deal with political opposition and assert a grossly uncontrolled power over the people. The system had to address this problem, which required a new approach to what may have been envisaged to supervise the States’ behavior in the area of human rights when the Inter-American Commission on Human Rights (the Commission) and later the Inter-American Court of Human Rights (the Court) were created.
2. Disappearances are one of the worst atrocities that may afflict human beings. The aim of this practice is to deprive a person of everything that makes life meaningful, short of killing them (although this usually happens too) and to spread terror in the direct environment of the victims, family and friends and in society. Ultimately, it destroys faith in institutions that constitute the essence of that which allows us to live in society. A person is deprived of his or her liberty; he or she is hidden, away from any contact with family or lawyers. Since one of the purposes of the exercise is often to obtain information, the victim is illtreated, usually tortured, and when this aim has been achieved or it is clear that it will not be achieved, the person is usually killed. This abhorrent practice became a pattern that the relatives experienced, besides their loss, the desperation and impotence of not being heard by anyone, including executive authorities and the police. Moreover, they are ridiculed or even mistreated to discourage them from resorting to the legal channels that could eventually handle this type of complaint.
- Type
- Chapter
- Information
- The American Convention on Human RightsCrucial Rights and their Theory and Practice, pp. 111 - 152Publisher: IntersentiaPrint publication year: 2022