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Balancing Specificity of Reparation Measures and States' Discretion to Enhance Implementation

Sandoval-Villalba, Clara and Murray, Rachel (2020) 'Balancing Specificity of Reparation Measures and States' Discretion to Enhance Implementation.' Journal of Human Rights Practice, 12 (1). pp. 101-124. ISSN 1757-9619

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A recurrent statement when implementation of international orders/recommendations in individual cases is considered is the belief that greater specificity of the measures helps compliance. Thne article studies the validity of this statement in light of the processes and dynamics that occur when a decision or judgment is adopted by a supranational body. The article analyses, through specific case studies, and a case tracing process, if specificity impacted upon de domestic responsiveness towards it, and if so, how. We also considered the extent to which supranational bodies deferred to states the design of appropriate reparations and how subsidiarity applied. The article is mainly based on an analysis of decision by the Inter-American and African Human Rights Systems as well as by decision taken by some UN treaty monitoring bodies like the Human Rights Committee.

Item Type: Article
Uncontrolled Keywords: Specificity; State discretion; Reparation measures; Inter-American Court of Human Rights; African Commission on Human and Peoples' Rights
Divisions: Faculty of Humanities
Faculty of Humanities > Law, School of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 14 May 2020 13:25
Last Modified: 06 Jan 2022 14:11

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