Part Three Beyond Judgment—Reparations, Compliance, and the Future of the Inter-American System, 15 Reparations and Compliance

Subject(s):

Gross violations — Human rights remedies — Reparations

This chapter discusses the development of the inter-American system’s comprehensive approach to reparations for violations of human rights under Article 63 of the American Convention. It begins by considering how the Commission’s enabling statute informs its jurisprudence on reparations. It then examines the content and scope of its early reparations recommendations from cases in Chile, Uruguay, Argentina, and Guatemala. Next, it turns to the outcomes of the inter-American systems remedies and reparations, focusing on the historical rates and trends in compliance with the Commission and Court’s recommendations and orders. The chapter also examines how definitions of "victim" and "injured party" have evolved and the impact such changes on the Court’s reparation orders. It closes by examining the question of compliance with the Court’s orders, from its legal basis to its monitoring system, and the effectiveness and outcomes of its decisions on reparations.