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Rethinking How a Regional Forum May (Indirectly but Effectively) Influence the Domestic Adjudication of Human Rights Conflicts: Lessons from Contemporary El Salvador

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Abstract:

El Salvador is notorious for having historically disregarded the manifold recommendations on how to deal with the legacy of its 12-year internal armed conflict issued by the Inter-American Commission on Human Rights. Its timid record of partial compliance with one of the judgments issued against it by the Inter-American Court of Human Rights is somehow more promising, but an overarching, questionable reservation to the acceptance of the jurisdiction of the Court by the State threatens to turn further litigation efforts into futile exercises. Despite this disheartening reputation and compromised prospects, domestic stakeholders continue to rely heavily on the regional fora to air their concerns, look for guidance, and seek redress for past and current human rights violations. In this paper, I argue that the interaction between (regional and domestic) human rights NGOs and lower instances of the Salvadoran judiciary have defined a distinct, innovative approach to expanding the influence of the Inter-American human rights system on Latin American states. While activists and judges generally have differentiated agendas, their convergent action in El Salvador has benefited both and eventually influenced the adjudication of constitutional claims at the otherwise detached Salvadoran Supreme Court. I conclude by asking whether in some specific instances, the regional and domestic NGOs might have misread the possible reaction of Salvadoran criminal law judges vis-à-vis the adjudication of the past and may have contributed to delay the abridgment of impunity in El Salvador.
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URL: http://citation.allacademic.com/meta/p304137_index.html
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MLA Citation:

Naddeo, Cecilia. "Rethinking How a Regional Forum May (Indirectly but Effectively) Influence the Domestic Adjudication of Human Rights Conflicts: Lessons from Contemporary El Salvador" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado, May 25, 2009 <Not Available>. 2014-11-29 <http://citation.allacademic.com/meta/p304137_index.html>

APA Citation:

Naddeo, C. C. , 2009-05-25 "Rethinking How a Regional Forum May (Indirectly but Effectively) Influence the Domestic Adjudication of Human Rights Conflicts: Lessons from Contemporary El Salvador" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado <Not Available>. 2014-11-29 from http://citation.allacademic.com/meta/p304137_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: El Salvador is notorious for having historically disregarded the manifold recommendations on how to deal with the legacy of its 12-year internal armed conflict issued by the Inter-American Commission on Human Rights. Its timid record of partial compliance with one of the judgments issued against it by the Inter-American Court of Human Rights is somehow more promising, but an overarching, questionable reservation to the acceptance of the jurisdiction of the Court by the State threatens to turn further litigation efforts into futile exercises. Despite this disheartening reputation and compromised prospects, domestic stakeholders continue to rely heavily on the regional fora to air their concerns, look for guidance, and seek redress for past and current human rights violations. In this paper, I argue that the interaction between (regional and domestic) human rights NGOs and lower instances of the Salvadoran judiciary have defined a distinct, innovative approach to expanding the influence of the Inter-American human rights system on Latin American states. While activists and judges generally have differentiated agendas, their convergent action in El Salvador has benefited both and eventually influenced the adjudication of constitutional claims at the otherwise detached Salvadoran Supreme Court. I conclude by asking whether in some specific instances, the regional and domestic NGOs might have misread the possible reaction of Salvadoran criminal law judges vis-à-vis the adjudication of the past and may have contributed to delay the abridgment of impunity in El Salvador.


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Domestic Politics, International Human Rights Adjudication, and the Problem of Political Will: Cases from the Inter-American Human Rights System


 
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