Reparation and supervision mechanisms in the three regional human rights systems – Latest developments and judicial dialogue
This panel is dealing with the latest developments and an increasing judicial dialogue with respect to reparation and supervision mechanisms between the three regional human rights courts in Europe, the Americas and Africa. While the ECtHR generally issues declaratory judgments, whose execution is supervised by the Committee of Ministers of the Council of Europe, and the concept of “just satisfaction“ is only the exception, the IACtHR is generally empowered to remedy violations to the ACHR itself and to order reparations of both a material and non-material nature. The IACtHR‘s reparation measures often have structural effects that go far beyond the individual case. Not only as a result of judicial dialogue between the three courts, in recent years in the jurisprudence of the ECtHR there can be notices a slight shift towards a more obligations oriented jurisprudence, either in specific cases, or for systemic violations in a group of similar cases.