440 likes | 456 Views
Inter-American Commission on Human Rights. IACHR. What is the IACHR?. The IACHR. is the principal organ of the OAS mandated to protect and promote human rights in the Americas Article 106
E N D
The IACHR • is the principal organ of the OAS mandated to protect and promote human rights in the Americas Article 106 There shall be an Inter-American Commission on Human Rights, whose principal function shall be to promote the observance and protection of human rights and to serve as a consultative organ of the Organization in these matters. An inter-American convention on human rights shall determine the structure, competence, and procedure of this Commission, as well as those of other organs responsible for these matters. • Pursues its mandate in conjunction with that of the Inter-American Court of Human Rights, established by the American Convention
The IACHRThe IACHR is composed of 7 membersThe members are elected by the member States and serve in an individual capacity for 4 years
The members serve as country and thematic rapporteurs • Represents all the member States of the OAS • Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Lucia, Saint Vincent and the Grenadines, St. Kitts and Nevis, Suriname, Trinidad and Tobago, United States, Uruguay and Venezuela.
INTER-AMERICAN HUMAN RIGHTS INSTRUMENTS • CHARTER OF THE ORGANIZATION OF AMERICAN STATES • AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN • AMERICAN CONVENTION ON HUMAN RIGHTS • ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS "PROTOCOL OF SAN SALVADOR" • PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY • INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE • INTER-AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF PERSONS • INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT AND ERADICATION OF VIOLENCE AGAINST WOMEN "CONVENTION OF BELÉM DO PARÁ" • INTER-AMERICAN CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES • INTER-AMERICAN DEMOCRATIC CHARTER
FUNCTIONS OF THE IACHR • raises public consciousness regarding human rights in the Americas • organizes and carries out conferences and seminars
recommends the adoption of measures to contribute to human rights protection to the Member States of the OAS
observes the general human rights situation in the member States • carries out on-site visits to countries to engage in-depth analysis of the human rights situation
prepares and publishes reports on the situation of human rights in specific Member States
COUNTRY REPORTS Cuba 1979 (Sixth) Haiti 1979 El Salvador 1978 Nicaragua 1978 Panama 1978 Paraguay 1978 Uruguay 1978 Chile 1977 Chile 1976 Cuba 1976 (Fifth) Chile 1974 El Salvador and Honduras 1970 Cuba 1970 Haiti 1969 Cuba 1967 Dominican Republic 1966 Dominican Republic 1965 Cuba 1963 Cuba 1962 Haiti 2007 Bolivia 2007Haiti 2005 Colombia 2004 Guatemala 2003 Venezuela 2003 Guatemala 2001 Paraguay 2001 Peru 2000 Canada 2000 Dominican Republic 1999 Colombia 1999 Mexico 1998 Brazil 1997 Bolivia 1996 Ecuador 1997 Haiti 1995 El Salvador 1994 Haiti 1994 Communities of Peoples in Resistance in Guatemala 1994 Colombia 1993 Guatemala 1993 Haiti 1993 Peru 1993 CAYARA Haiti 1990 Panama 1989 Haiti 1988 Paraguay 1987 Chile 1985 Guatemala 1985 Suriname 1985 Guatemala 1983 Cuba 1983 (Seventh) Nicaraguan population of Miskito origin 1983 Suriname 1983 Colombia 1981 Guatemala 1981 Bolivia 1981 Nicaragua 1981 Argentina 1980
receives, analyzes and investigates individual petitions which allege human rights violations • prepares and publishes reports on individual cases, including recommendations to member States
TOTAL NUMBER OF ADMISSIBILITY/INADMISSIBILITY REPORTS PUBLISHED
requests States to adopt specific “precautionary measures” to avoid serious and irreparable harm to individuals in urgent cases
CATEGORIES OF PRECAUTIONARY MEASURES • Threats against life and physical integrity • Threats against communities particularly indigenous, by affecting their environment • Threats against health • Execution of judicial or administrative orders • Incommunicado detention or uncertainty on legal status
submits cases to the Inter-American Court and appears before the Court in the litigation of all matters before it
CASES SUBMITTED TO THE INTER-AMERICAN COURT OF HUMAN RIGHTS PER COUNTRY
Request the adoption of provisional measures by the Inter-American Court of Human Rights
requests advisory opinions from the Inter-American Court regarding questions of interpretation of the American Convention and other human rights treaties
I/A Court H.R., “Other treaties” subject to the advisory jurisdiction of the Court (Art. 64 American Convention on Human Rights),Advisory Opinion OC-1/82 of September 24, 1982. Requested by Peru. • I/A Court H.R., The Effect of Reservations on the Entry into Force of the American Convention on Human Rights (Arts. 74 and 75), Advisory Opinion OC-2/82 of September 24, 1982. Requested by the IACHR. • I/A Court H.R., Restrictions to the Death Penalty (Arts. 4(2) and 4(4) American Convention on Human Rights),Advisory Opinion OC-3/83 of September 8, 1983. Requested by the IACHR. • I/A Court H.R., Proposed Amendments of the Naturalization Provisions of the Constitution of Costa Rica, Advisory Opinion OC-4/84 of January 19, 1984. Requested by Costa Rica. • I/A Court H.R., Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights ),Advisory Opinion OC-5/85 of November 13, 1985. Requested by Costa Rica. • I/A Court H.R., The Word “Laws” in Article 30 of the American Convention on Human Rights,Advisory Opinion OC-6/86 of May 9, 1986. Requested by Uruguay.
I/A Court H.R., Enforceability of the Right to Reply or Correction (Arts. 14(1), 1(1) and 2 American Convention on Human Rights ),Advisory Opinion OC-7/86 of August 29, 1986. Requested by Costa Rica. • I/A Court H.R.,Habeas corpus in Emergency Situations (Arts. 27(2), 25(1) and 7(6) American Convention on Human Rights ),Advisory Opinion OC-8/87 of January 30, 1987. Requested by the IACHR. • I/A Court H.R.,Judicial Guarantees in States of Emergency (Arts. 27(2), 25 and (8) American Convention on Human Right ), Advisory Opinion OC-9/87 of October 6, 1987. Requested by Uruguay. • I/A Court H.R.,Interpretation of the American Declaration of the Rights and Duties of Man within the Framework of Article 64 of the American Convention on Human Rights.Advisory Opinion OC-10/89 of July 14, 1989. Requested by Colombia. • I/A Court H.R.,Exceptions to the Exhaustion of Domestic Remedies (Arts. 46(1), 46(2)(a) and 46(2)(b) American Convention on Human Rights ), Advisory Opinion OC-11/90 of August 10, 1990. Requested by the IACHR. • I/A Court H.R.,Compatibility of Draft Legislation with Article 8(2)(h) of the American Convention on Human Rights, Advisory Opinion OC-12/91 of December 6, 1991. Requested by Costa Rica.
I/A Court H.R.,Certain Attributes of the Inter-American Commission on Human Rights (Arts. 41, 42, 44, 46, 47, 50 and 51 of the American Convention on Human Rights),Advisory Opinion OC-13/93 of July 16, 1993. Requested by Uruguay. • I/A Court H.R.,International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts. 1 and 2 of the American Convention on Human Rights), Advisory Opinion OC-14/94 of December 9, 1994. Requested by the IACHR. • I/A Court H.R.,Reports of the Inter-American Commission on Human Rights (Art. 51 American Convention on Human Rights),Advisory Opinion OC-15/97 of November 14 1997. Requested by Chile. • I/A Court H.R.,The right to information on consular assistance. In the framework of the Guarantees of the due process of law, Advisory Opinion OC-16/99 of October 1, 1999. Requested by Mexico. • I/A Court H.R., Legal Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Requested by the IACHR. • I/A Court H.R., Legal Status and Rights of undocumented migrant workers. Advisory Opinion OC-18/03 of September 17, 2003. Requested by Mexico. • I/A Court H.R., Control of Legality in the Practice of Authorities of the Inter-American Commission of Human Rights. Advisory Opinion OC-19/05
The IACHR meets three or more times a year • Holds hearings
The IACHR has established special rapporteurships to better address the following issues: FREEDOM OF EXPRESSION
THE RIGHTS OF PERSONS OF AFRICAN DESCENT AND AGAINST RACIAL DISCRIMINATION
For more comprehensive information on the mandate and activities of the IACHR, please visit our website www.cidh.org, or contact our headquarters at 202-458-6002