“Criminalization” of human rights?: Swings and paradoxes on the jurisprudence of Inter-American Court of Human Rights
The evolving relationship between international human rights law and criminal law is marked by a passage from a role of moderation to one of legitimization. While international human rights law was previously critical of criminal law as an instrument of state repression, the last few decades witness...
| Autores: | , |
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| Tipo de documento: | artigo |
| Estado: | Versão publicada |
| Data de publicação: | 2016 |
| País: | Perú |
| Recursos: | Pontificia Universidad Católica del Perú |
| Repositório: | Revistas - Pontificia Universidad Católica del Perú |
| Idioma: | espanhol |
| OAI Identifier: | oai:ojs.pkp.sfu.ca:article/18870 |
| Acesso em linha: | http://revistas.pucp.edu.pe/index.php/derechoysociedad/article/view/18870 |
| Access Level: | Acceso aberto |
| Palavra-chave: | Human Rights Amnesty Penal law Inter-American Court of Human Rights Impunity Derechos humanos Amnistía Derecho penal Corte Interamericana de Derechos Humanos Impunidad |
| Resumo: | The evolving relationship between international human rights law and criminal law is marked by a passage from a role of moderation to one of legitimization. While international human rights law was previously critical of criminal law as an instrument of state repression, the last few decades witnessed a shift towards a victim-centred conception of criminal law as a means to protect and enforce certain human rights. This contrasts with a liberal conception of human rights as a check on the power of the state through the use of its criminal law authority. This development manifests itself through what may be dubbed the "criminalization” of Inter-American human rights law. This contribution explores this phenomenon of “criminalization” and its various illustrations, particularly through the Inter-American Court of Human Rights’ discourse with respect to amnesty laws and prescription. |
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