Abstract

FUENTES MAUREIRA, Claudio  and  RIEGO RAMIREZ, Cristian. The Inter-American Court of Human Rights’ Jurisprudence and the Debate About the Right to Appeal in the Procedural Reform Movement. Bol. Mex. Der. Comp. [online]. 2020, vol.53, n.157, pp.81-122.  Epub Dec 13, 2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2020.157.1522.

The following paper analyzes the Inter-American Court’s jurisprudence regarding the right to appeal in criminal procedure and other subject-matters. In this context, the paper examines which are the standards the Inter-American Court has set regarding the right to appeal in criminal matters and if there is a State duty to set appeals processes in other type of proceedings, such as civil procedure. This analysis is highly relevant today, given the procedural reform movement that took or is taking place in different signatories States (including the current civil procedure reform), in which the Inter-American Court’s jurisprudence has been invoked to guide and demand from the States the way the appeals processes must be regulated, and in which cases the State must make amendments to their reformed procedural codes in order to comply with the duties set in the Inter-American Convention in order to ensure the right to appeal.

Keywords : Inter-American Court of Human Rights; Right to Appeal; Civil Procedure; Criminal Procedure; Procedural Reforms.

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