Standards of proof and human rights proceedings

Abstract

Through the analysis of the consequences generated by the definition of standards of proof within a legal system –that determine how the possible epistemic errors in which judges may incur should be distributed among the parties– a specific standard of proof for proceedings on human rights violations is proposed. This standard has been called preference of non-defeated good explanations, and its soundness lies in taking adequately into account both the particularities and the prospects involved in the process of adjudication that takes place in this type of disputes.