Is there a right to truth and to what extent is it exercised in international law?

this must be in oscola referencing style QUESTION : Is there a right to truth and to what extent is it exercised in international law? PLAN: Abstract Introduction (might call this chapter 1) The right to truth has emerged as a legal concept at national and international levels and is concerned with gross violations of human rights and humanitarian law. Victims, and families of victims, of enforced disappearances, summary executions, torture, abductions, have a right to know the full details of what happened, where and by whom. Moreover, in a broader sense, society has a right to know, too, in truth lies strength and without truth there can be no justice. This research aims to analyse if the right to truth exists as a fundamental human right, what form it takes, its scope, and how effective is its implementation. Truth: in light of religious, philosophical and humanitarian and legal importance Religious the truth will set you free (John 8:32)?” philosophy Importance of truth in a legal context Beyond its powerful moral force, the express recognition of this right begs a series of questions: What is the normative core and content of this right? Is it a right inferred by other rights or is it an autonomous, self-standing entitlement? How is it related and distinguished from other human rights? Are we dealing with a justiciable right? Or are we confronted with a strong, yet merely moral, claim that is devoid of legal substance? This part intends to tackle these questions by employing normative judicial and academic parameters. Intro: Intro (to intro) General intro like what youve already written, giving background and overview Issues Identify the main issues that underpin the question of the right to truth Rationale for Study Explain why the subject is important, why its important NOW, what studies have previously been done, how yours will be different Research Questions You need about three questions that are tied together, that overlap maybe, about the right to truth, that your disso will address and try to answer Research Aims This is similar but not quite the same as questions. It means what you intend to have shown and what use this research will be Conclusion Chapter 1: Un picking the notion of the Right to Truth Im for truth, no matter who tells it. I’m for justice, no matter who it’s for or against Malcolm X Definition The right to truth (what is truth? Do we have a right to it? Two different parts to the phrase) can be described as a State obligation to reveal to the victims and society everything known about the facts and circumstances of massive and systematic human rights violations of the past, including the identity of the perpetrators and instigators (Mndez [1998] 255). While this relatively new concept is increasingly recognized by international courts and human rights bodies, its definition as a general right remains elusive, which led Yasmine Naqvi to conclude that lingering doubts about its normative content and parameters leave it somewhere above a good argument and somewhere below a clear legal rule. In ancient Greek alitheia translates to truth and in its literal meaning, it signifies that which cannot be forgotten. Truth survives the test of time and for this, it is passed on to the next generations. History – Background Importance Is the right to truth a necessary fundamental human right in order to achieve justice, peace and civilisation in our nations? Do we need the right to truth? (These two questions above are for later really this chapter should present what the right to truth is, what it means, in theory, and if you want the advantages and disadvantages. Whether we need one is for later on) Advantages Peace Aid in reconciliation proses Prevent recurrences of gross human right violations Necessary for history Heals rifts in communities (If youre going to have advantages here, where are you putting disadvantages?) Scope of the right to truth Truth effective remedy Truth fight against impunity Individual vs collective right to truth the people have a right to truth as they have a right to life , liberty and the pursuit of happiness Epictetus Chapter 2: The legal foundation of the right to truth Is the right to truth merely soft law or lex ferenda or an autonomous right recognised and echoed international law? The United nation human rights committee Inter American court European court of human right Human right Committee Academic debate concerning the right to truth Is it a fundamental human right as it is connected to other human rights such as the right to life? Chapter 3: Effectiveness and enforcement How effective has the right to truth been? To set out the complexly and limitations against the right to truth: Statutory limitations How long do you have a right to truth? Political limitations Amnesties law Do the means justify the end? Amnestia, in it nature is the exact opposite to truth, as such, etymology means to cast to oblivion, to wipe out from memory by conscious decision the trail of events that have occurred. In this sense, international law is witnessing the emergence of a principle regarding the invalidity of domestic amnesties when such amnesties attempt to cover grave breaches of international ? human rights and humanitarian law (? Humanitarian Law, International) such as war crimes, genocide and crimes against humanity (see Barrios Altos Case [Judgment] para. 41). Despite their illegality, these amnesties are often cited as obstacles to prosecution. If so, they are not a valid reason to ban the exercise of the right to truth. As the IACtHR emphasized, even in the hypothetical case that those individually responsible for crimes of this type cannot be legally punished under certain circumstances, the State is obligated to use the means at its disposal to inform the relatives of the fate of the victims and, if they have been killed, the location of their remains (Velsquez Rodrguez Case para. 181). UnitedNationspolicytowardsamnesties,supportedbythepracticeofbothinternationalanddomestic bodies, clearly points to the non-recognition of the so-called blanket amnesties. As the OHCHRs Analytical Study on Human Rights and Transitional Justice see UN Doc A/HRC/12/18 [6 August 2009] para. 54 The competing forms of truth problematic? In particular, it stresses how advocates of criminal justice struggle and compete with other truth activists who advocate for politics of reparations, truth commissions and amnesties. In this perspective, the right to truth may appear as both a catalyst and an impediment to the particular causes advocated by truth entrepreneurs. ( Patricia Natfali) Enforcement The State A judicial procedure could be the most complete and satisfactory method of obtaining both truth and justice, by means of transparent criminal trials conducted with full guarantees of due process (see also ? Fair Trial, Right to, International Protection). Truth commissions Truth commissions will usually apply more flexible proof requirements, since their findings generally rely on testimonies of victims and witnesses. The goal of truth commissions is not to prove a perpetrators criminal guilt but to disclose the truth about the facts Chapter 4: Assessment of Truth commissions Truth as a from of reconciliation Truth and reconciliation committees The value of truth in transitional justice ? Impact of truth commission on human rights? Chapter 5: Recommendations No limitation on the right to truth No compromises as a result of amnesties law The creation of a new mobilised human rights in international law the right to truth; Need for a crystal clear adoption of law to formalise the right to truth Conclusion You do not need to be weather man to know which way the wind is blowing Although the right to truth is not yet set in stone, but what is clear is that its not going anywhere, and it is moving into the direction of being institutionalised as fundamental human right.
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