Abstract
The setup of the Inter-American Court of Human Rights’ Legal Assistance Fund
(IACtHR ´s LAF) is unprecedented in the realm of human rights law. While
international funds were generally instituted for reparations purposes, such as
the United Nations Compensation Commission and the International Criminal
Court´s Trust Fund, the LAF was the first fund established to help persons
who lack the financial resources to bring their cases before the Inter-American
System of Human Rights. The LAF is sustained by voluntary contributions, and
uniquely allows the IACtHR to order reimbursements at its discretion. In the
face of a ubiquitous lack of sufficient donations, the LAF seeks further development to ensure self-sustainability. Hence, the research question: how could the Fund fulfil its promises to the victims while being “fair” to the state defendants? This contribution will start by scrutinizing the inception of the Funds. Then, it will proceed by highlighting the implications of the LAF on the state defendants (especially concerning the reimbursement clause), the development of human rights law, and the system’s political capital. The legal basis of this clause is questioned and in which ways judicial efficiency could be achieved by alternative means is discussed. Drawing from the comparison with the legal aid of the European Court of Human Rights and the African Court of Human and Peoples Rights; and the equivalent system in international criminal law, this contribution will conclude by offering recommendations to IACtHR regarding the implementation of the Fund.
(IACtHR ´s LAF) is unprecedented in the realm of human rights law. While
international funds were generally instituted for reparations purposes, such as
the United Nations Compensation Commission and the International Criminal
Court´s Trust Fund, the LAF was the first fund established to help persons
who lack the financial resources to bring their cases before the Inter-American
System of Human Rights. The LAF is sustained by voluntary contributions, and
uniquely allows the IACtHR to order reimbursements at its discretion. In the
face of a ubiquitous lack of sufficient donations, the LAF seeks further development to ensure self-sustainability. Hence, the research question: how could the Fund fulfil its promises to the victims while being “fair” to the state defendants? This contribution will start by scrutinizing the inception of the Funds. Then, it will proceed by highlighting the implications of the LAF on the state defendants (especially concerning the reimbursement clause), the development of human rights law, and the system’s political capital. The legal basis of this clause is questioned and in which ways judicial efficiency could be achieved by alternative means is discussed. Drawing from the comparison with the legal aid of the European Court of Human Rights and the African Court of Human and Peoples Rights; and the equivalent system in international criminal law, this contribution will conclude by offering recommendations to IACtHR regarding the implementation of the Fund.
| Original language | English |
|---|---|
| Title of host publication | The Inter-American Court of Human Rights: Theory and Practice, Present and Future |
| Editors | Haeck Yves, Oswaldo Ruiz-Chiriboga, Clara Burbano-Herrera |
| Place of Publication | Cambridge |
| Publisher | Intersentia Publishers |
| Pages | 75-102 |
| ISBN (Print) | 978-1-78068-308-9 |
| Publication status | Published - 1 Aug 2015 |