Ludwig Boltzmann Institut für Menschenrechte
Ludwig Boltzmann Institute of Human Rights
8. Regional Human Rights
Systems: Americas & Africa
Moritz Birk und Johanna Lober
Ludwig Boltzmann Institute of Human Rights, Vienna
University of Vienna
The Inter-American System
of Human Rights Protection
Development of the Inter-American System
• 1889/90: First International Conference of American States
• 1910: Establishment of the Pan American Union (4th Int. Conference)
• 1948: Establishment of the Organization of American States (OAS) –
9th International Conference adopts:
• OAS Charter
• American Declaration of the Rights and Duties of Man
• Inter-American Charter of Social Guarantees
• 1959: Creation of the Inter-American Commission on Human Rights
• 1969: Inter-American Convention on Human Rights, IACHR (1978)
• 1979: Establishment of the Inter-American Court of Human Rights
• 1985: Convention to Prevent and Punish Torture (1987)
• 1988: Protocol of San Salvador (1999)
• 1990: Additional Protocol to abolish the death penalty
• 1994: Convention on Forced Disappearances of Persons (1996);
Convention on the Prevention, Punishment and Eradication of
Violence against Women (1995)
• 1999: Convention on the Elimination of all Forms of Discrimination
against Persons with Disabilities
Organization of American States (OAS)
• Purposes:
- Democracy and human rights
- Collective security
- Regional cooperation (economic/ political
development)
• Main organs:
- General Assembly;
- Meeting of Consultation of Ministers of Foreign Affairs;
- Permanent Council
- Inter-American Juridical Committee;
- General Secretariat;
- the Inter-American Commission on Human Rights;
• Instruments:
- OAS Charter
- American Declaration of the Rights and Duties of Man
• Members: All 35 independent States of the Americas
Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba (-1962), Dominican Republic, Ecuador, El Salvador,
Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, United States of America, Uruguay, and
Venezuela (all 1948); Barbados, Trinidad and Tobago (1967); Jamaica (1969); Grenada (1975); Suriname (1977);
Dominica (Commonwealth of), Saint Lucia (1979); Antigua and Barbuda, Saint Vincent and the Grenadines (1981); The
Bahamas (Commonwealth of) (1982); St. Kitts & Nevis (1984); Canada (1990); Belize and Guyana (1991).
 wide range of States, including poorest countries of the world (e.g. Haiti) and former
military dictatorships (e.g. Argentina, El Salvador)
Inter-American Commission on Human Rights
• established 1959, seat In Washington D.C., USA
•1967: became a Charter organ with the principal function to “promote the
observance and protection of human rights and to serve as a consultative
organ of the OAS in these matters” , substance based on the American
Declaration of the Rights and Duties of Man
• 1969: became the Convention organ to the the American Convention on
Human Rights dealing with individual complaints
• Decides on the admissibility of complaints
• Can adopt a report with facts, conclusions and recommendations to be
transmitted to the State Party
• 1979: New Statute defining human rights as those enumerated in the
Declaration and Convention
• 2001: New Rules of Procedure (allowing victims and representatives to
participate independently in all phases of the proceedings)
• Members: Seven experts from different nationalities; acting in personal
capacity; nominated by OAS member States; elected for 4 years
Inter-American Commission on Human Rights
Functions and powers:
• Political tools (art. 18 Statute):
- establishes rapporteurships (e.g. Freedom of Expression, Rights of
Women, Migrant Workers, Children, Indigenous People)
- recommendations, reports, inquiries, on-site investigations (art. 18
Statute) - mainly used in the 70s/80s:
- 1960-1979: 9 on-site visits and 19 reports
- 1980: Report on disappearances in Argentina
- 1981: Report on Guatemala
- 1993: Report on Peru
• Quasi- judicial tools (art. 19, 20 Statute):
- Individual communications from individuals of all OAS member
States relating to the American Declaration (art. 20) and of the
States parties to the Convention (art. 19)
- Advisory opinions on the Convention and other relevant human
rights treaties (art. 19)
Inter-American Court on Human Rights
• established 1979, seat in San José, Costa Rica
• receives complaints from Commission or State parties (not
directly from individuals)
• Interprets and applies IACHR in individual cases – binding decisions
• Can afford compensatory damages
• Issues Advisory Opinions on the interpretation of any treaty
relevant to the protection of human rights in the Americas at the request
of any OAS member State, the Commission or other OAS organs
• Enforcement and follow-up of decisions: Press releases, reports to
the OAS General Assembly when member State fails to comply with
judgment, resolutions to “Monitor Compliance with Judgment”,
• Members: 7 judges of different nationalities elected by State parties
Individual complaints
Inter-American Commission
• Issues separate admissibility decision (public)
• May issue precautionary or interim measures “in serious and urgent cases,
… to prevent irreparable harm to persons” (no prejudgment on the merits)
• May call parties for hearings (confidential)
• Must “place itself at the disposal of the parties concerned” to seek a friendly
settlement
• On-site investigations if “necessary and advisable”
• Review and the merits and request the views of State parties – decision and
recommendations (not binding) with a period to comply with recommendation
• Submission to the Court (3 months) or submission of report
Inter-American Court
• holds hearings: parties, witnesses and expert evidence
• provisional measures
• binding judgments and reparations
Human Rights Instruments of the Inter-American System
• American Declaration of the Rights and Duties of Man (1948)
– includes economic, social and cultural rights (right to health, housing,
food, clothing, medical care, education, work, leisure, social security,
property)
• Inter-American Convention on Human Rights, IACHR (1978)
– mainly civil and political rights and right to progressive development
• Convention to Prevent and Punish Torture (1987)
• Protocol of San Salvador (1999)
– economic, social and cultural rights; only the right to association and
trade union rights as well as the right to education are justiciable
– Court has found no violation yet but took it into account regarding the
interpretation of the IACHR
– Art. 19: State reporting system to monitor progressive implementation
• Additional Protocol to abolish the death penalty (1990)
• Convention on Forced Disappearances of Persons (1996)
• Convention on the Prevention, Punishment and Eradication of Violence
against Women (1995)
• Convention on the Elimination of all Forms of Discrimination against
Persons with Disabilities (1999)
IACHR - ratifications
COUNTRY
SIGNATURE
Guatemala
11/22/69
04/27/78
Guyana
-
-
Haití
-
09/14/77
RATIFICATION/
ACCESSION
Honduras
11/22/69
09/05/77
Jamaica
09/16/77
07/19/78
Antigua y Barbuda
-
-
México
-
03/02/81
Argentina
02/02/84
08/14/84
Nicaragua
11/22/69
09/25/79
Bahamas
-
-
Panamá
11/22/69
05/08/78
Barbados
06/20/78
11/05/81
Paraguay
11/22/69
08/18/89
Belize
-
-
Perú
07/27/77
07/12/78
Bolivia
-
06/20/79
Dominican Republic
09/07/77
01/21/78
Brazil
-
07/09/92
St. Kitts & Nevis
-
-
Canada
-
-
St. Lucia
-
-
Chile
11/22/69
08/10/90
Colombia
11/22/69
05/28/73
-
-
Costa Rica
11/22/69
03/02/70
Suriname
-
11/12/87
Dominica
-
06/03/93
Trinidad & Tobago
-
04/03/91
Ecuador
11/22/69
12/08/77
United States
06/01/77
-
El Salvador
11/22/69
06/20/78
Uruguay
11/22/69
03/26/85
Grenada
07/14/78
07/14/78
Venezuela
11/22/69
06/23/77
St. Vincent &
Grenadines
Key human rights features of the
Inter-American System (1)
• Right to Humane Treatment (art. 5 IACHR)
– Right to physical, mental, and moral integrity
– Aim of detention: reform and social readaption of prisoner
– Reparations: Velásquez Rodríguez v. Honduras – restitution,
compensation, satisfaction; Aloeboetoe et al. v. Suriname – injured
parties include next of kin and dependents
• Disappearances
–
–
–
–
Art. 1, 18, 25, 26 American Declaration
Art. 4, 5, 7, 8, 25 IACHR
Convention on Disappearances and Convention on Torture
Velásquez Rodríguez v. Honduras (1988):
“The forced disappearance of human beings is a multiple and
continuous violation of many rights under the Convention that the States
Parties are obligated to respect and guarantee.”
• Circumstantial or presumptive evidence sufficient
• Burden of proof shifts to State
Key human rights features of the
Inter-American System (2)
• Indigenous rights
– Commission and Court interpreted Declaration and Convention
(right to property, political participation and non-discrimination)
broadly, taking into account the ILO Convention 169 and art. 27
ICCPR to create a framework of protection – implicit collective
rights
– Sawhoyamaxa Indigenous Community v. Paraguay (2006)
• Broad interpretation of the right to property regarding traditional
lands (art. 21 IACHR)
• Broad positive State obligations to protect the right to life
• Far-reaching duty of reparation (guarantee ownership over
traditional lands; allocation of funds for community developments;
pecuniary compensation for deaths; publication of judgment in
Officials Gazette and daily newspaper)