Globalization of Human Rights and Mutual Influence between Courts: The Innovative Reverse Path of the Right to the Truth

Abstract

Starting from the analysis of the European Court judgment in El-Masri , with an eye to legal reasoning related to the right to the truth, this chapter addresses the innovative reverse path followed by this right, from the well-established case law of Inter-American Court of Human Rights in San Jose, to the Chamber of the European Court of Human Rights in Strasbourg. In July 2009, assisted by the Open Society Justice Initiative, El-Masri lodged a complaint against the Republic of Macedonia with the European Court of Human Rights, seeking compensation for the torture and other cruel. The European Court in El-Masri undoubtedly paid a high tribute to the Inter-American Court of Human Rights. The innovative and reverse path followed by the right to the truth could mark a new era of positive dialogue and mutual influence between courts, competing with each other to afford human rights the highest standards of protection. Keywords: El-Masri ; European court; human rights; innovative reverse path; Inter-American court