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Enforced Disappearance and Relatives’ Rights before the Inter-American and European Human Rights Courts

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Enforced Disappearance and Relatives’ Rights before the Inter-American and European Human Rights Courts. / Murray, Alex.
In: International Human Rights Law Review, Vol. 2, No. 1, 2013, p. 57-81.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Murray, A 2013, 'Enforced Disappearance and Relatives’ Rights before the Inter-American and European Human Rights Courts', International Human Rights Law Review, vol. 2, no. 1, pp. 57-81. https://doi.org/10.1163/22131035-00201005

APA

Murray, A. (2013). Enforced Disappearance and Relatives’ Rights before the Inter-American and European Human Rights Courts. International Human Rights Law Review, 2(1), 57-81. https://doi.org/10.1163/22131035-00201005

Vancouver

Murray A. Enforced Disappearance and Relatives’ Rights before the Inter-American and European Human Rights Courts. International Human Rights Law Review. 2013;2(1):57-81. doi: 10.1163/22131035-00201005

Author

Murray, Alex. / Enforced Disappearance and Relatives’ Rights before the Inter-American and European Human Rights Courts. In: International Human Rights Law Review. 2013 ; Vol. 2, No. 1. pp. 57-81.

Bibtex

@article{1e35b640941c46f685cbd7ebb442e530,
title = "Enforced Disappearance and Relatives{\textquoteright} Rights before the Inter-American and European Human Rights Courts",
abstract = "This article considers the approaches taken by the Inter-American and European human rights courts in establishing that the rights of relatives of those forcibly disappeared had been violated. The two courts have proceeded on the basis that such acts may themselves constitute a violation of the right not to be subjected to inhuman or degrading treatment as protected by the respective human rights conventions. However, to establish that a relative{\textquoteright}s rights have been violated, the courts have identified a number of key elements which must be present. These include the existence of a relationship between the primary victim and the relative, the efforts the relative made to search for the victim and the State{\textquoteright}s response to such efforts. This article therefore examines and compares the approach taken by the two courts, highlighting similarities and differences which can be said to exist between the two.",
keywords = " ECHR, victims , Inter-American Court of Human Rights , enforced disappearance , American Convention on Human Rights , European Court of Human Rights , inhuman and degrading treatment",
author = "Alex Murray",
year = "2013",
doi = "10.1163/22131035-00201005",
language = "English",
volume = "2",
pages = "57--81",
journal = "International Human Rights Law Review",
issn = "2213-1035",
publisher = "Brill",
number = "1",

}

RIS

TY - JOUR

T1 - Enforced Disappearance and Relatives’ Rights before the Inter-American and European Human Rights Courts

AU - Murray, Alex

PY - 2013

Y1 - 2013

N2 - This article considers the approaches taken by the Inter-American and European human rights courts in establishing that the rights of relatives of those forcibly disappeared had been violated. The two courts have proceeded on the basis that such acts may themselves constitute a violation of the right not to be subjected to inhuman or degrading treatment as protected by the respective human rights conventions. However, to establish that a relative’s rights have been violated, the courts have identified a number of key elements which must be present. These include the existence of a relationship between the primary victim and the relative, the efforts the relative made to search for the victim and the State’s response to such efforts. This article therefore examines and compares the approach taken by the two courts, highlighting similarities and differences which can be said to exist between the two.

AB - This article considers the approaches taken by the Inter-American and European human rights courts in establishing that the rights of relatives of those forcibly disappeared had been violated. The two courts have proceeded on the basis that such acts may themselves constitute a violation of the right not to be subjected to inhuman or degrading treatment as protected by the respective human rights conventions. However, to establish that a relative’s rights have been violated, the courts have identified a number of key elements which must be present. These include the existence of a relationship between the primary victim and the relative, the efforts the relative made to search for the victim and the State’s response to such efforts. This article therefore examines and compares the approach taken by the two courts, highlighting similarities and differences which can be said to exist between the two.

KW - ECHR

KW - victims

KW - Inter-American Court of Human Rights

KW - enforced disappearance

KW - American Convention on Human Rights

KW - European Court of Human Rights

KW - inhuman and degrading treatment

U2 - 10.1163/22131035-00201005

DO - 10.1163/22131035-00201005

M3 - Journal article

VL - 2

SP - 57

EP - 81

JO - International Human Rights Law Review

JF - International Human Rights Law Review

SN - 2213-1035

IS - 1

ER -