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Interim Measures Before the Inter-American and African Human Rights Commissions: Strengths and Weaknesses

  • Clara Burbano-HerreraEmail author
  • Clara Burbano-Herrera
  • Frans Viljoen
Chapter
  • 1.2k Downloads
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 30)

Abstract

Interim measures in international human rights law may be defined as a tool, the purpose of which is to prevent irreparable harm to persons who are in a situation of extreme gravity and urgency. Interim measures result in an immediate protection offered by the member State to the beneficiaries in compliance with the order issued by an international body. This article aims to illustrate that although interim measures in the African and the Inter-American system have been a useful legal tool to avoid (further) human rights violations in difficult situations, there are still some obstacles that may lead to the interim measures not functioning as one would wish. We begin by mentioning three aspects of interim measures that lend themselves to a comparison between the two regional systems: the admissibility requirements; the frequency of their use; and the rights and beneficiaries protected through these interim measures. Taking into account the aforementioned comparison, the merits and deficiencies of interim measures in regional human rights systems will be highlighted, and recommendations will be advanced for improving their functioning and impact.

Keywords

Annual Report Precautionary Measure African Union Provisional Measure Interim Measure 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media Dordrecht 2014

Authors and Affiliations

  • Clara Burbano-Herrera
    • 1
    Email author
  • Clara Burbano-Herrera
    • 2
  • Frans Viljoen
    • 3
  1. 1.Human Rights Centre of Ghent UniversityGhentBelgium
  2. 2.Research Foundation FlandersBrusselsBelgium
  3. 3.Centre for Human RightsUniversity of PretoriaPretoriaRepublic of South Africa

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