The Elusive Right to Truth in Transitional Human Rights Jurisprudence
Bibliographic Data
| ID | 9934542 |
|---|---|
| Authors | James Sweeney (0000-0002-5369-382X, The University of Law, corresponding author) |
| Year | 2018 |
| Volume | 67 |
| Issue | 2 |
| Pages | 353-387 |
| Publication date | 2018-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589317000586 |
| OpenAlex | W2767000481 |
| Language | EN |
| Citations received | 8 |
| References cited | 15 |
This article undertakes a comparative legal analysis of the scope of an emerging legal duty to find the truth about historical human rights abuses after periods of political transition. There is substantial inconsistency between human rights regimes on how they establish temporal jurisdiction in their transitional jurisprudence, which has not yet been systematically investigated. This contribution fills the gap in the literature by identifying and critiquing the way in which the right to truth in times of transition is both expressly and implicitly vindicated in the decisions of the Human Rights Committee, and the regional jurisprudence of the Inter-American Court of Human Rights and European Court of Human Rights (the conclusion also addresses the less voluminous African regional jurisprudence). It is argued that the ‘underlying values’ of human rights treaties can provide a foundation for a powerful but finite right to truth
Duty · Human rights · International human rights law · Jurisdiction · Jurisprudence · Political science · Scope (computer science · Transitional justice · Computer Science · Human Rights and Development · International Law and Human Rights · Judicial and Constitutional Studies · Law
Stable Regime, Historiography and Truth Commissions
Truth Revelation Procedures as a Rights-based Alternative to the Politics of (Non-)Memory
Alethic Rights
The Human Rights Situation of Intersex People
The judicial implementation of the right to the truth
The Right to the Truth as an Enabler for Missing Persons Efforts
Whose perception of justice? Real and perceived challenges to military investigations in armed conflict
The EU's promotion of transitional justice
An introduction to comparative law
Transitional Justice
Settling Accounts
The Cosmopolitan State
Who Believes in Human Rights
Arrested Truth
Transitional Justice in the Case Law of the European Court of Human Rights
Enforced Disappearance and the European Court of Human Rights’ ratione temporis Jurisdiction
The Van Boven/Bassiouni Principles
The Reparative Effect of Truth Seeking in Transitional Justice
State Responsibility to Investigate and Prosecute Grave Human Rights Violations in International Law
| Unique citing works | 8 |
|---|---|
| Citations per year | 1,33 |
| Citation span | 2020 - 2026 (7) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 8 |