Abstract

VILLADIEGO BURBANO, Carolina. The orality in the civil justice as an element of due process: a human rights approach. Civilizar [online]. 2010, vol.10, n.18, pp.15-26. ISSN 1657-8953.

The article proposes the hypothesis that orality is a central element of due process in civil justice, which is derived from the "right to a hearing" contained in Article 8.1 of the American Convention on Human Rights. This hypothesis is based on four arguments: a) the need to ensure the principle of immediacy in the civil process, b) recognition of the right of hearing as part of due process in other international human rights instruments, c) some pronouncements from agencies and institutions of international and inter-American human rights, and d) the differences between Spanish and English text of Article 8.1 of the American Convention

Keywords : Civil Justice; orality; human rights; due process; fair hearing; immediacy.

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