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Preamble
The American states signatory to the present Convention,
Reaffirming their intention to consolidate in this
hemisphere, within the framework of democratic institutions, a system of personal liberty
and social justice based on respect for the essential rights of man;
Recognizing that the essential rights of man are
not derived from one's being a national of a certain state, but are based upon attributes
of the human personality, and that they therefore justify international protection in the
form of a convention reinforcing or complementing the protection provided by the domestic
law of the American states;
Considering that these principles have been set
forth in the Charter of the Organization of American States, in the American Declaration
of the Rights and Duties of Man, and in the Universal Declaration of Human Rights, and
that they have been reaffirmed and refined in other international instruments, worldwide
as well as regional in scope;
Reiterating that, in accordance with the Universal
Declaration of Human Rights, the ideal of free men enjoying freedom from fear and want can
be achieved only if conditions are created whereby everyone may enjoy his economic,
social, and cultural rights, as well as his civil and political rights; and
Considering that the Third Special Inter-American
Conference (Buenos Aires, 1967) approved the incorporation into the Charter of the
Organization itself of broader standards with respect to economic, social, and educational
rights and resolved that an inter-American convention on human rights should determine the
structure, competence, and procedure of the organs responsible for these matters,
Have agreed upon the following:
PART I - STATE OBLIGATIONS AND RIGHTS PROTECTED
CHAPTER I - GENERAL OBLIGATIONS
Article 1. Obligation to Respect Rights
1. The States Parties to this Convention undertake to
respect the rights and freedoms recognized herein and to ensure to all persons subject to
their jurisdiction the free and full exercise of those rights and freedoms, without any
discrimination for reasons of race, color, sex, language, religion, political or other
opinion, national or social origin, economic status, birth, or any other social condition.
2. For the purposes of this Convention, "person"
means every human being.
Article 2. Domestic Legal Effects
Where the exercise of any of the rights or freedoms
referred to in Article 1 is not already ensured by legislative or other provisions, the
States Parties undertake to adopt, in accordance with their constitutional processes and
the provisions of this Convention, such legislative or other measures as may be necessary
to give effect to those rights or freedoms.
CHAPTER II - CIVIL AND POLITICAL RIGHTS
Article 3. Right to Juridical Personality
Every person has the right to recognition as a person
before the law.
Article 4. Right to Life
1. Every person has the right to have his life respected.
This right shall be protected by law and, in general, from the moment of conception. No
one shall be arbitrarily deprived of his life.
2. In countries that have not abolished the death penalty,
it may be imposed only for the most serious crimes and pursuant to a final judgment
rendered by a competent court and in accordance with a law establishing such punishment,
enacted prior to the commission of the crime. The application of such punishment shall not
be extended to crimes to which it does not presently apply.
3. The death penalty shall not be reestablished in states
that have abolished it.
4. In no case shall capital punishment be inflicted for
political offenses or related common crimes.
5. Capital punishment shall not be imposed upon persons
who, at the time the crime was committed, were under 18 years of age or over 70 years of
age; nor shall it be applied to pregnant women.
6. Every person condemned to death shall have the right to
apply for amnesty, pardon, or commutation of sentence, which may be granted in all cases.
Capital punishment shall not be imposed while such a petition is pending decision by the
competent authority.
Article 5. Right to Humane Treatment
1. Every person has the right to have his physical,
mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel,
inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall
be treated with respect for the inherent dignity of the human person.
3. Punishment shall not be extended to any person other
than the criminal.
4. Accused persons shall, save in exceptional
circumstances, be segregated from convicted persons, and shall be subject to separate
treatment appropriate to their status as unconvicted persons.
5. Minors while subject to criminal proceedings shall be
separated from adults and brought before specialized tribunals, as speedily as possible,
so that they may be treated in accordance with their status as minors.
6. Punishments consisting of deprivation of liberty shall
have as an essential aim the reform and social readaptation of the prisoners.
Article 6. Freedom from Slavery
1. No one shall be subject to slavery or to involuntary
servitude, which are prohibited in all their forms, as are the slave trade and traffic in
women.
2. No one shall be required to perform forced or
compulsory labor. This provision shall not be interpreted to mean that, in those countries
in which the penalty established for certain crimes is deprivation of liberty at forced
labor, the carrying out of such a sentence imposed by a competent court is prohibited.
Forced labor shall not adversely affect the dignity or the physical or intellectual
capacity of the prisoner.
3. For the purposes of this article, the following do not
constitute forced or compulsory labor:
a. work or service normally required of a person
imprisoned in execution of a sentence or formal decision passed by the competent judicial
authority. Such work or service shall be carried out under the supervision and control of
public authorities, and any persons performing such work or service shall not be placed at
the disposal of any private party, company, or juridical person;
b. military service and, in countries in which
conscientious objectors are recognized, national service that the law may provide for in
lieu of military service;
c. service exacted in time of danger or calamity that
threatens the existence or the well-being of the community; or
d. work or service that forms part of normal civic
obligations.
Article 7. Right to Personal Liberty
1. Every person has the right to personal liberty and
security.
2. No one shall be deprived of his physical liberty except
for the reasons and under the conditions established beforehand by the constitution of the
State Party concerned or by a law established pursuant thereto.
3. No one shall be subject to arbitrary arrest or
imprisonment.
4. Anyone who is detained shall be informed of the reasons
for his detention and shall be promptly notified of the charge or charges against him.
5. Any person detained shall be brought promptly before a
judge or other officer authorized by law to exercise judicial power and shall be entitled
to trial within a reasonable time or to be released without prejudice to the continuation
of the proceedings. His release may be subject to guarantees to assure his appearance for
trial.
6. Anyone who is deprived of his liberty shall be entitled
to recourse to a competent court, in order that the court may decide without delay on the
lawfulness of his arrest or detention and order his release if the arrest or detention is
unlawful. In States Parties whose laws provide that anyone who believes himself to be
threatened with deprivation of his liberty is entitled to recourse to a competent court in
order that it may decide on the lawfulness of such threat, this remedy may not be
restricted or abolished. The interested party or another person in his behalf is entitled
to seek these remedies.
7. No one shall be detained for debt. This principle shall
not limit the orders of a competent judicial authority issued for nonfulfillment of duties
of support.
Article 8. Right to a Fair Trial
1. Every person has the right to a hearing, with due
guarantees and within a reasonable time, by a competent, independent, and impartial
tribunal, previously established by law, in the substantiation of any accusation of a
criminal nature made against him or for the determination of his rights and obligations of
a civil, labor, fiscal, or any other nature.
2. Every person accused of a criminal offense has the
right to be presumed innocent so long as his guilt has not been proven according to law.
During the proceedings, every person is entitled, with full equality, to the following
minimum guarantees:
a. the right of the accused to be assisted without charge
by a translator or interpreter, if he does not understand or does not speak the language
of the tribunal or court;
b. prior notification in detail to the accused of the
charges against him;
c. adequate time and means for the preparation of his
defense;
d. the right of the accused to defend himself personally
or to be assisted by legal counsel of his own choosing, and to communicate freely and
privately with his counsel;
e. the inalienable right to be assisted by counsel
provided by the state, paid or not as the domestic law provides, if the accused does not
defend himself personally or engage his own counsel within the time period established by
law;
f. the right of the defense to examine witnesses present
in the court and to obtain the appearance, as witnesses, of experts or other persons who
may throw light on the facts;
g. the right not to be compelled to be a witness against
himself or to plead guilty; and
h. the right to appeal the judgment to a higher court.
3. A confession of guilt by the accused shall be valid
only if it is made without coercion of any kind.
4. An accused person acquitted by a nonappealable judgment
shall not be subjected to a new trial for the same cause.
5. Criminal proceedings shall be public, except insofar as
may be necessary to protect the interests of justice.
Article 9. Freedom from Ex Post Facto Laws
No one shall be convicted of any act or omission that did
not constitute a criminal offense, under the applicable law, at the time it was committed.
A heavier penalty shall not be imposed than the one that was applicable at the time the
criminal offense was committed. If subsequent to the commission of the offense the law
provides for the imposition of a lighter punishment, the guilty person shall benefit
therefrom.
Article 10. Right to Compensation
Every person has the right to be compensated in accordance
with the law in the event he has been sentenced by a final judgment through a miscarriage
of justice.
Article 11. Right to Privacy
1. Everyone has the right to have his honor respected and
his dignity recognized.
2. No one may be the object of arbitrary or abusive
interference with his private life, his family, his home, or his correspondence, or of
unlawful attacks on his honor or reputation.
3. Everyone has the right to the protection of the law
against such interference or attacks.
Article 12. Freedom of Conscience and Religion
1. Everyone has the right to freedom of conscience and of
religion. This right includes freedom to maintain or to change one's religion or beliefs,
and freedom to profess or disseminate one's religion or beliefs, either individually or
together with others, in public or in private.
2. No one shall be subject to restrictions that might
impair his freedom to maintain or to change his religion or beliefs.
3. Freedom to manifest one's religion and beliefs may be
subject only to the limitations prescribed by law that are necessary to protect public
safety, order, health, or morals, or the rights or freedoms of others.
4. Parents or guardians, as the case may be, have the
right to provide for the religious and moral education of their children or wards that is
in accord with their own convictions.
Article 13. Freedom of Thought and Expression
1. Everyone has the right to freedom of thought and
expression. This right includes freedom to seek, receive, and impart information and ideas
of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of
art, or through any other medium of one's choice.
2. The exercise of the right provided for in the foregoing
paragraph shall not be subject to prior censorship but shall be subject to subsequent
imposition of liability, which shall be expressly established by law to the extent
necessary to ensure:
a. respect for the rights or reputations of others; or
b. the protection of national security, public order, or
public health or morals.
3. The right of expression may not be restricted by
indirect methods or means, such as the abuse of government or private controls over
newsprint, radio broadcasting frequencies, or equipment used in the dissemination of
information, or by any other means tending to impede the communication and circulation of
ideas and opinions.
4. Notwithstanding the provisions of paragraph 2 above,
public entertainments may be subject by law to prior censorship for the sole purpose of
regulating access to them for the moral protection of childhood and adolescence.
5. Any propaganda for war and any advocacy of national,
racial, or religious hatred that constitute incitements to lawless violence or to any
other similar action against any person or group of persons on any grounds including those
of race, color, religion, language, or national origin shall be considered as offenses
punishable by law.
Article 14. Right of Reply
1. Anyone injured by inaccurate or offensive statements or
ideas disseminated to the public in general by a legally regulated medium of communication
has the right to reply or to make a correction using the same communications outlet, under
such conditions as the law may establish.
2. The correction or reply shall not in any case remit
other legal liabilities that may have been incurred.
3. For the effective protection of honor and reputation,
every publisher, and every newspaper, motion picture, radio, and television company, shall
have a person responsible who is not protected by immunities or special privileges.
Article 15. Right of Assembly
The right of peaceful assembly, without arms, is
recognized. No restrictions may be placed on the exercise of this right other than those
imposed in conformity with the law and necessary in a democratic society in the interest
of national security, public safety or public order, or to protect public health or morals
or the rights or freedom of others.
Article 16. Freedom of Association
1. Everyone has the right to associate freely for
ideological, religious, political, economic, labor, social, cultural, sports, or other
purposes.
2. The exercise of this right shall be subject only to
such restrictions established by law as may be necessary in a democratic society, in the
interest of national security, public safety or public order, or to protect public health
or morals or the rights and freedoms of others.
3. The provisions of this article do not bar the
imposition of legal restrictions, including even deprivation of the exercise of the right
of association, on members of the armed forces and the police.
Article 17. Rights of the Family
1. The family is the natural and fundamental group unit of
society and is entitled to protection by society and the state.
2. The right of men and women of marriageable age to marry
and to raise a family shall be recognized, if they meet the conditions required by
domestic laws, insofar as such conditions do not affect the principle of nondiscrimination
established in this Convention.
3. No marriage shall be entered into without the free and
full consent of the intending spouses.
4. The States Parties shall take appropriate steps to
ensure the equality of rights and the adequate balancing of responsibilities of the
spouses as to marriage, during marriage, and in the event of its dissolution. In case of
dissolution, provision shall be made for the necessary protection of any children solely
on the basis of their own best interests.
5. The law shall recognize equal rights for children born
out of wedlock and those born in wedlock.
Article 18. Right to a Name
Every person has the right to a given name and to the
surnames of his parents or that of one of them. The law shall regulate the manner in which
this right shall be ensured for all, by the use of assumed names if necessary.
Article 19. Rights of the Child
Every minor child has the right to the measures of
protection required by his condition as a minor on the part of his family, society, and
the state.
Article 20. Right to Nationality
1. Every person has the right to a nationality.
2. Every person has the right to the nationality of the
state in whose territory he was born if he does not have the right to any other
nationality.
3. No one shall be arbitrarily deprived of his nationality
or of the right to change it.
Article 21. Right to Property
1. Everyone has the right to the use and enjoyment of his
property. The law may subordinate such use and enjoyment to the interest of society.
2. No one shall be deprived of his property except upon
payment of just compensation, for reasons of public utility or social interest, and in the
cases and according to the forms established by law.
3. Usury and any other form of exploitation of man by man
shall be prohibited by law.
Article 22. Freedom of Movement and Residence
1. Every person lawfully in the territory of a State Party
has the right to move about in it, and to reside in it subject to the provisions of the
law.
2. Every person has the right lo leave any country freely,
including his own.
3. The exercise of the foregoing rights may be restricted
only pursuant to a law to the extent necessary in a democratic society to prevent crime or
to protect national security, public safety, public order, public morals, public health,
or the rights or freedoms of others.
4. The exercise of the rights recognized in paragraph 1
may also be restricted by law in designated zones for reasons of public interest.
5. No one can be expelled from the territory of the state
of which he is a national or be deprived of the right to enter it.
6. An alien lawfully in the territory of a State Party to
this Convention may be expelled from it only pursuant to a decision reached in accordance
with law.
7. Every person has the right to seek and be granted
asylum in a foreign territory, in accordance with the legislation of the state and
international conventions, in the event he is being pursued for political offenses or
related common crimes.
8. In no case may an alien be deported or returned to a
country, regardless of whether or not it is his country of origin, if in that country his
right to life or personal freedom is in danger of being violated because of his race,
nationality, religion, social status, or political opinions.
9. The collective expulsion of aliens is prohibited.
Article 23. Right to Participate in Government
1. Every citizen shall enjoy the following rights and
opportunities:
a. to take part in the conduct of public affairs, directly
or through freely chosen representatives;
b. to vote and to be elected in genuine periodic
elections, which shall be by universal and equal suffrage and by secret ballot that
guarantees the free expression of the will of the voters; and
c. to have access, under general conditions of equality,
to the public service of his country.
2. The law may regulate the exercise of the rights and
opportunities referred to in the preceding paragraph only on the basis of age,
nationality, residence, language, education, civil and mental capacity, or sentencing by a
competent court in criminal proceedings.
Article 24. Right to Equal Protection
All persons are equal before the law. Consequently, they
are entitled, without discrimination, to equal protection of the law.
Article 25. Right to Judicial Protection
1. Everyone has the right to simple and prompt recourse,
or any other effective recourse, to a competent court or tribunal for protection against
acts that violate his fundamental rights recognized by the constitution or laws of the
state concerned or by this Convention, even though such violation may have been committed
by persons acting in the course of their official duties.
2. The States Parties undertake:
a. to ensure that any person claiming such remedy shall
have his rights determined by the competent authority provided for by the legal system of
the state;
b. to develop the possibilities of judicial remedy; and
c. to ensure that the competent authorities shall enforce
such remedies when granted.
CHAPTER III - ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
Article 26. Progressive Development
The States Parties undertake to adopt measures, both
internally and through international cooperation, especially those of an economic and
technical nature, with a view to achieving progressively, by legislation or other
appropriate means, the full realization of the rights implicit in the economic, social,
educational, scientific, and cultural standards set forth in the Charter of the
Organization of American States as amended by the Protocol of Buenos Aires.
CHAPTER IV - SUSPENSION OF GUARANTEES,
INTERPRETATION, AND APPLICATION
Article 27. Suspension of Guarantees
1. In time of war, public danger, or other emergency that
threatens the independence or security of a State Party, it may take measures derogating
from its obligations under the present Convention to the extent and for the period of time
strictly required by the exigencies of the situation, provided that such measures are not
inconsistent with its other obligations under international law and do not involve
discrimination on the ground of race, color, sex, language, religion, or social origin.
2. The foregoing provision does not authorize any
suspension of the following articles: Article 3 (Right to Juridical Personality), Article
4 (Right to Life), Article 5 (Right to Humane Treatment), Article 6 (Freedom from
Slavery), Article 9 (Freedom from Ex Post Facto Laws), Article 12 (Freedom of
Conscience and Religion), Article 17 (Rights of the Family), Article 18 (Right to a Name),
Article 19 (Rights of the Child), Article 20 (Right to Nationality), and Article 23 (Right
to Participate in Government), or of the judicial guarantees essential for the protection
of such rights.
3. Any State Party availing itself of the right of
suspension shall immediately inform the other States Parties, through the Secretary
General of the Organization of American States, of the provisions the application of which
it has suspended, the reasons that gave rise to the suspension, and the date set for the
termination of such suspension.
Article 28. Federal Clause
1. Where a State Party is constituted as a federal state,
the national government of such State Party shall implement all the provisions of the
Convention over whose subject matter it exercises legislative and judicial jurisdiction.
2. With respect to the provisions over whose subject
matter the constituent units of the federal state have jurisdiction, the national
government shall immediately take suitable measures, in accordance with its constitution
and its laws, to the end that the competent authorities of the constituent units may adopt
appropriate provisions for the fulfillment of this Convention.
3. Whenever two or more States Parties agree to form a
federation or other type of association, they shall take care that the resulting federal
or other compact contains the provisions necessary for continuing and rendering effective
the standards of this Convention in the new state that is organized.
Article 29. Restrictions Regarding Interpretation
No provision of this Convention shall be interpreted as:
a. permitting any State Party, group, or person to
suppress the enjoyment or exercise of the rights and freedoms recognized in this
Convention or to restrict them to a greater extent than is provided for herein;
b. restricting the enjoyment or exercise of any right or
freedom recognized by virtue of the laws of any State Party or by virtue of another
convention to which one of the said states is a party;
c. precluding other rights or guarantees that are inherent
in the human personality or derived from representative democracy as a form of government;
or
d. excluding or limiting the effect that the American
Declaration of the Rights and Duties of Man and other international acts of the same
nature may have.
Article 30. Scope of Restrictions
The restrictions that, pursuant to this Convention, may be
placed on the enjoyment or exercise of the rights or freedoms recognized herein may not be
applied except in accordance with laws enacted for reasons of general interest and in
accordance with the purpose for which such restrictions have been established.
Article 31. Recognition of Other Rights
Other rights and freedoms recognized in accordance with
the procedures established in Articles 76 and 77 may be included in the system of
protection of this Convention.
CHAPTER V - PERSONAL RESPONSIBILITIES
Article 32. Relationship between Duties and Rights
1. Every person has responsibilities to his family, his
community, and mankind.
2. The rights of each person are limited by the rights of
others, by the security of all, and by the just demands of the general welfare, in a
democratic society.
PART II - MEANS OF PROTECTION
CHAPTER VI - COMPETENT ORGANS
Article 33
The following organs shall have competence with respect to
matters relating to the fulfillment of the commitments made by the States Parties to this
Convention:
a. the Inter-American Commission on Human Rights, referred
to as "The Commission;" and
b. the Inter-American Court of Human Rights, referred to
as "The Court."
CHAPTER VII - INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
Section 1. Organization
Article 34
The Inter-American Commission on Human Rights shall be
composed of seven members, who shall be persons of high moral character and recognized
competence in the field of human rights.
Article 35
The Commission shall represent all the member countries of
the Organization of American States.
Article 36
1. The members of the Commission shall be elected in a
personal capacity by the General Assembly of the Organization from a list of candidates
proposed by the governments of the member states.
2. Each of those governments may propose up to three
candidates, who may be nationals of the states proposing them or of any other member state
of the Organization of American States. When a slate of three is proposed, at least one of
the candidates shall be a national of a state other than the one proposing the slate.
Article 37
1. The members of the Commission shall be elected for a
term of four years and may be reelected only once, but the terms of three of the members
chosen in the first election shall expire at the end of two years. Immediately following
that election the General Assembly shall determine the names of those three members by
lot.
2. No two nationals of the same state may be members of
the Commission.
Article 38
Vacancies that may occur on the Commission for reasons
other than the normal expiration of a term shall be filled by the Permanent Council of the
Organization in accordance with the provisions of the Statute of the Commission.
Article 39
The Commission shall prepare its Statute, which it shall
submit to the General Assembly for approval. It shall establish its own Regulations.
Article 40
Secretariat services for the Commission shall be furnished
by the appropriate specialized unit of the General Secretariat of the Organization. This
unit shall be provided with the resources required to accomplish the tasks assigned to it
by the Commission.
Section 2. Functions
Article 41
The main function of the Commission shall be to promote
respect for and defense of human rights. In the exercise of its mandate, it shall have the
following functions and powers:
a. to develop an awareness of human rights among the
peoples of America;
b. to make recommendations to the governments of the
member states, when it considers such action advisable, for the adoption of progressive
measures in favor of human rights within the framework of their domestic law and
constitutional provisions as well as appropriate measures to further the observance of
those rights;
c. to prepare such studies or reports as it considers
advisable in the performance of its duties;
d. to request the governments of the member states to
supply it with information on the measures adopted by them in matters of human rights;
e. to respond, through the General Secretariat of the
Organization of American States, to inquiries made by the member states on matters related
to human rights and, within the limits of its possibilities, to provide those states with
the advisory services they request;
f. to take action on petitions and other communications
pursuant to its authority under the provisions of Articles 44 through 51 of this
Convention; and
g. to submit an annual report to the General Assembly of
the Organization of American States.
Article 42
The States Parties shall transmit to the Commission a copy
of each of the reports and studies that they submit annually to the Executive Committees
of the Inter-American Economic and Social Council and the Inter-American Council for
Education, Science, and Culture, in their respective fields, so that the Commission may
watch over the promotion of the rights implicit in the economic, social, educational,
scientific, and cultural standards set forth in the Charter of the Organization of
American States as amended by the Protocol of Buenos Aires.
Article 43
The States Parties undertake to provide the Commission
with such information as it may request of them as to the manner in which their domestic
law ensures the effective application of any provisions of this Convention.
Section 3. Competence
Article 44
Any person or group of persons, or any nongovernmental
entity legally recognized in one or more member states of the Organization, may lodge
petitions with the Commission containing denunciations or complaints of violation of this
Convention by a State Party.
Article 45
1. Any State Party may, when it deposits its instrument of
ratification of or adherence to this Convention, or at any later time, declare that it
recognizes the competence of the Commission to receive and examine communications in which
a State Party alleges that another State Party has committed a violation of a human right
set forth in this Convention.
2. Communications presented by virtue of this article may
be admitted and examined only if they are presented by a State Party that has made a
declaration recognizing the aforementioned competence of the Commission. The Commission
shall not admit any communication against a State Party that has not made such a
declaration.
3. A declaration concerning recognition of competence may
be made to be valid for an indefinite time, for a specified period, or for a specific
case.
4. Declarations shall be deposited with the General
Secretariat of the Organization of American States, which shall transmit copies thereof to
the member states of that Organization.
Article 46
1. Admission by the Commission of a petition or
communication lodged in accordance with Articles 44 or 45 shall be subject to the
following requirements:
a. that the remedies under domestic law have been pursued
and exhausted in accordance with generally recognized principles of international law;
b. that the petition or communication is lodged within a
period of six months from the date on which the party alleging violation of his rights was
notified of the final judgment;
c. that the subject of the petition or communication is
not pending in another international proceeding for settlement; and
d. that, in the case of Article 44, the petition contains
the name, nationality, profession, domicile, and signature of the person or persons or of
the legal representative of the entity lodging the petition.
2. The provisions of paragraphs 1.a and 1.b of this
article shall not be applicable when:
a. the domestic legislation of the state concerned does
not afford due process of law for the protection of the right or rights that have
allegedly been violated;
b. the party alleging violation of his rights has been
denied access to the remedies under domestic law or has been prevented from exhausting
them; or
c. there has been unwarranted delay in rendering a final
judgment under the aforementioned remedies.
Article 47
The Commission shall consider inadmissible any petition or
communication submitted under Articles 44 or 45 if:
a. any of the requirements indicated in Article 46 has not
been met;
b. the petition or communication does not state facts that
tend to establish a violation of the rights guaranteed by this Convention;
c. the statements of the petitioner or of the state
indicate that the petition or communication is manifestly groundless or obviously out of
order; or
d. the petition or communication is substantially the same
as one previously studied by the Commission or by another international organization.
Section 4. Procedure
Article 48
1. When the Commission receives a petition or
communication alleging violation of any of the rights protected by this Convention, it
shall proceed as follows:
a. If it considers the petition or communication
admissible, it shall request information from the government of the state indicated as
being responsible for the alleged violations and shall furnish that government a
transcript of the pertinent portions of the petition or communication. This information
shall be submitted within a reasonable period to be determined by the Commission in
accordance with the circumstances of each case.
b. After the information has been received, or after the
period established has elapsed and the information has not been received, the Commission
shall ascertain whether the grounds for the petition or communication still exist. If they
do not, the Commission shall order the record to be closed.
c. The Commission may also declare the petition or
communication inadmissible or out of order on the basis of information or evidence
subsequently received.
d. If the record has not been closed, the Commission
shall, with the knowledge of the parties, examine the matter set forth in the petition or
communication in order to verify the facts. If necessary and advisable, the Commission
shall carry out an investigation, for the effective conduct of which it shall request, and
the states concerned shall furnish to it, all necessary facilities.
e. The Commission may request the states concerned to
furnish any pertinent information and, if so requested, shall hear oral statements or
receive written statements from the parties concerned.
f. The Commission shall place itself at the disposal of
the parties concerned with a view to reaching a friendly settlement of the matter on the
basis of respect for the human rights recognized in this Convention.
2. However, in serious and urgent cases, only the
presentation of a petition or communication that fulfills all the formal requirements of
admissibility shall be necessary in order for the Commission to conduct an investigation
with the prior consent of the state in whose territory a violation has allegedly been
committed.
Article 49
If a friendly settlement has been reached in accordance
with paragraph 1.f of Article 48, the Commission shall draw up a report, which shall be
transmitted to the petitioner and to the States Parties to this Convention, and shall then
be communicated to the Secretary General of the Organization of American States for
publication. This report shall contain a brief statement of the facts and of the solution
reached. If any party in the case so requests, the fullest possible information shall be
provided to it.
Article 50
1. If a settlement is not reached, the Commission shall,
within the time limit established by its Statute, draw up a report setting forth the facts
and stating its conclusions. If the report, in whole or in part, does not represent the
unanimous agreement of the members of the Commission, any member may attach to it a
separate opinion. The written and oral statements made by the parties in accordance with
paragraph 1.e of Article 48 shall also be attached to the report.
2. The report shall be transmitted to the states
concerned, which shall not be at liberty to publish it.
3. In transmitting the report, the Commission may make
such proposals and recommendations as it sees fit.
Article 51
1. If, within a period of three months from the date of
the transmittal of the report of the Commission to the states concerned, the matter has
not either been settled or submitted by the Commission or by the state concerned to the
Court and its jurisdiction accepted, the Commission may, by the vote of an absolute
majority of its members, set forth its opinion and conclusions concerning the question
submitted for its consideration.
2. Where appropriate, the Commission shall make pertinent
recommendations and shall prescribe a period within which the state is to take the
measures that are incumbent upon it to remedy the situation examined.
3. When the prescribed period has expired, the Commission
shall decide by the vote of an absolute majority of its members whether the state has
taken adequate measures and whether to publish its report.
CHAPTER VIII - INTER-AMERICAN COURT OF HUMAN RIGHTS
Section 1. Organization
Article 52
1. The Court shall consist of seven judges, nationals of
the member states of the Organization, elected in an individual capacity from among
jurists of the highest moral authority and of recognized competence in the field of human
rights, who possess the qualifications required for the exercise of the highest judicial
functions in conformity with the law of the state of which they are nationals or of the
state that proposes them as candidates.
2. No two judges may be nationals of the same state.
Article 53
1. The judges of the Court shall be elected by secret
ballot by an absolute majority vote of the States Parties to the Convention, in the
General Assembly of the Organization, from a panel of candidates proposed by those states.
2. Each of the States Parties may propose up to three
candidates, nationals of the state that proposes them or of any other member state of the
Organization of American States. When a slate of three is proposed, at least one of the
candidates shall be a national of a state other than the one proposing the slate.
Article 54
1. The judges of the Court shall be elected for a term of
six years and may be reelected only once. The term of three of the judges chosen in the
first election shall expire at the end of three years. Immediately after the election, the
names of the three judges shall be determined by lot in the General Assembly.
2. A judge elected to replace a judge whose term has not
expired shall complete the term of the latter.
3. The judges shall continue in office until the
expiration of their term. However, they shall continue to serve with regard to cases that
they have begun to hear and that are still pending, for which purposes they shall not be
replaced by the newly elected judges.
Article 55
1. If a judge is a national of any of the States Parties
to a case submitted to the Court, he shall retain his right to hear that case.
2. If one of the judges called upon to hear a case should
be a national of one of the States Parties to the case, any other State Party in the case
may appoint a person of its choice to serve on the Court as an ad hoc judge.
3. If among the judges called upon to hear a case none is
a national of any of the States Parties to the case, each of the latter may appoint an ad
hoc judge.
4. An ad hoc judge shall possess the
qualifications indicated in Article 52.
5. If several States Parties to the Convention should have
the same interest in a case, they shall be considered as a single party for purposes of
the above provisions. In case of doubt, the Court shall decide.
Article 56
Five judges shall constitute a quorum for the transaction
of business by the Court.
Article 57
The Commission shall appear in all cases before the Court.
Article 58
1. The Court shall have its seat at the place determined
by the States Parties to the Convention in the General Assembly of the Organization;
however, it may convene in the territory of any member state of the Organization of
American States when a majority of the Court considers it desirable, and with the prior
consent of the state concerned. The seat of the Court may be changed by the States Parties
to the Convention in the General Assembly by a two-thirds vote.
2. The Court shall appoint its own Secretary.
3. The Secretary shall have his office at the place where
the Court has its seat and shall attend the meetings that the Court may hold away from its
seat.
Article 59
The Court shall establish its Secretariat, which shall
function under the direction of the Secretary of the Court, in accordance with the
administrative standards of the General Secretariat of the Organization in all respects
not incompatible with the independence of the Court. The staff of the Court's Secretariat
shall be appointed by the Secretary General of the Organization, in consultation with the
Secretary of the Court.
Article 60
The Court shall draw up its Statute which it shall submit
to the General Assembly for approval. It shall adopt its own Rules of Procedure.
Section 2. Jurisdiction and Functions
Article 61
1. Only the States Parties and the Commission shall have
the right to submit a case to the Court.
2. In order for the Court to hear a case, it is necessary
that the procedures set forth in Articles 48 and 50 shall have been completed.
Article 62
1. A State Party may, upon depositing its instrument of
ratification or adherence to this Convention, or at any subsequent time, declare that it
recognizes as binding, ipso facto, and not requiring special agreement, the
jurisdiction of the Court on all matters relating to the interpretation or application of
this Convention.
2. Such declaration may be made unconditionally, on the
condition of reciprocity, for a specified period, or for specific cases. It shall be
presented to the Secretary General of the Organization, who shall transmit copies thereof
to the other member states of the Organization and to the Secretary of the Court.
3. The jurisdiction of the Court shall comprise all cases
concerning the interpretation and application of the provisions of this Convention that
are submitted to it, provided that the States Parties to the case recognize or have
recognized such jurisdiction, whether by special declaration pursuant to the preceding
paragraphs, or by a special agreement.
Article 63
1. If the Court finds that there has been a violation of a
right or freedom protected by this Convention, the Court shall rule that the injured party
be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if
appropriate, that the consequences of the measure or situation that constituted the breach
of such right or freedom be remedied and that fair compensation be paid to the injured
party.
2. In cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court shall adopt such provisional
measures as it deems pertinent in matters it has under consideration. With respect to a
case not yet submitted to the Court, it may act at the request of the Commission.
Article 64
1. The member states of the Organization may consult the
Court regarding the interpretation of this Convention or of other treaties concerning the
protection of human rights in the American states. Within their spheres of competence, the
organs listed in Chapter X of the Charter of the Organization of American States, as
amended by the Protocol of Buenos Aires, may in like manner consult the Court.
2. The Court, at the request of a member state of the
Organization, may provide that state with opinions regarding the compatibility of any of
its domestic laws with the aforesaid international instruments.
Article 65
To each regular session of the General Assembly of the
Organization of American States the Court shall submit, for the Assembly's consideration,
a report on its work during the previous year. It shall specify, in particular, the cases
in which a state has not complied with its judgments, making any pertinent
recommendations.
Section 3. Procedure
Article 66
1. Reasons shall be given for the judgment of the Court.
2. If the judgment does not represent in whole or in part
the unanimous opinion of the judges, any judge shall be entitled to have his dissenting or
separate opinion attached to the judgment.
Article 67
The judgment of the Court shall be final and not subject
to appeal. In case of disagreement as to the meaning or scope of the judgment, the Court
shall interpret it at the request of any of the parties, provided the request is made
within ninety days from the date of notification of the judgment.
Article 68
1. The States Parties to the Convention undertake to
comply with the judgment of the Court in any case to which they are parties.
2. That part of a judgment that stipulates compensatory
damages may be executed in the country concerned in accordance with domestic procedure
governing the execution of judgments against the state.
Article 69
The parties to the case shall be notified of the judgment
of the Court and it shall be transmitted to the States Parties to the Convention.
CHAPTER IX - COMMON PROVISIONS
Article 70
1. The judges of the Court and the members of the
Commission shall enjoy, from the moment of their election and throughout their term of
office, the immunities extended to diplomatic agents in accordance with international law.
During the exercise of their official function they shall, in addition, enjoy the
diplomatic privileges necessary for the performance of their duties.
2. At no time shall the judges of the Court or the members
of the Commission be held liable for any decisions or opinions issued in the exercise of
their functions.
Article 71
The position of judge of the Court or member of the
Commission is incompatible with any other activity that might affect the independence or
impartiality of such judge or member, as determined in the respective statutes.
Article 72
The judges of the Court and the members of the Commission
shall receive emoluments and travel allowances in the form and under the conditions set
forth in their statutes, with due regard for the importance and independence of their
office. Such emoluments and travel allowances shall be determined in the budget of the
Organization of American States, which shall also include the expenses of the Court and
its Secretariat. To this end, the Court shall draw up its own budget and submit it for
approval to the General Assembly through the General Secretariat. The latter may not
introduce any changes in it.
Article 73
The General Assembly may, only at the request of the
Commission or the Court, as the case may be, determine sanctions to be applied against
members of the Commission or judges of the Court when there are justifiable grounds for
such action as set forth in the respective statutes. A vote of a two-thirds majority of
the member states of the Organization shall be required for a decision in the case of
members of the Commission and, in the case of judges of the Court, a two-thirds majority
vote of the States Parties to the Convention shall also be required.
PART III - GENERAL AND TRANSITORY PROVISIONS
CHAPTER X - SIGNATURE, RATIFICATION, RESERVATIONS, AMENDMENTS, PROTOCOLS, AND DENUNCIATION
Article 74
1. This Convention shall be open for signature and
ratification by or adherence of any member state of the Organization of American States.
2. Ratification of or adherence to this Convention shall
be made by the deposit of an instrument of ratification or adherence with the General
Secretariat of the Organization of American States. As soon as eleven states have
deposited their instruments of ratification or adherence, the Convention shall enter into
force. With respect to any state that ratifies or adheres thereafter, the Convention shall
enter into force on the date of the deposit of its instrument of ratification or
adherence.
3. The Secretary General shall inform all member states of
the Organization of the entry into force of the Convention.
Article 75
This Convention shall be subject to reservations only in
conformity with the provisions of the Vienna Convention on the Law of Treaties signed on
May 23, 1969.
Article 76
1. Proposals to amend this Convention may be submitted to
the General Assembly for the action it deems appropriate by any State Party directly, and
by the Commission or the Court through the Secretary General.
2. Amendments shall enter into force for the States
ratifying them on the date when two-thirds of the States Parties to this Convention have
deposited their respective instruments of ratification. With respect to the other States
Parties, the amendments shall enter into force on the dates on which they deposit their
respective instruments of ratification.
Article 77
1. In accordance with Article 31, any State Party and the
Commission may submit proposed protocols to this Convention for consideration by the
States Parties at the General Assembly with a view to gradually including other rights and
freedoms within its system of protection.
2. Each protocol shall determine the manner of its entry
into force and shall be applied only among the States Parties to it.
Article 78
1. The States Parties may denounce this Convention at the
expiration of a five-year period from the date of its entry into force and by means of
notice given one year in advance. Notice of the denunciation shall be addressed to the
Secretary General of the Organization, who shall inform the other States Parties.
2. Such a denunciation shall not have the effect of
releasing the State Party concerned from the obligations contained in this Convention with
respect to any act that may constitute a violation of those obligations and that has been
taken by that state prior to the effective date of denunciation.
CHAPTER XI - TRANSITORY PROVISIONS
Section 1. Inter-American Commission on Human Rights
Article 79
Upon the entry into force of this Convention, the
Secretary General shall, in writing, request each member state of the Organization to
present, within ninety days, its candidates for membership on the Inter-American
Commission on Human Rights. The Secretary General shall prepare a list in alphabetical
order of the candidates presented, and transmit it to the member states of the
Organization at least thirty days prior to the next session of the General Assembly.
Article 80
The members of the Commission shall be elected by secret
ballot of the General Assembly from the list of candidates referred to in Article 79. The
candidates who obtain the largest number of votes and an absolute majority of the votes of
the representatives of the member states shall be declared elected. Should it become
necessary to have several ballots in order to elect all the members of the Commission, the
candidates who receive the smallest number of votes shall be eliminated successively, in
the manner determined by the General Assembly.
Section 2. Inter-American Court of Human Rights
Article 81
Upon the entry into force of this Convention, the
Secretary General shall, in writing, request each State Party to present, within ninety
days, its candidates for membership on the Inter-American Court of Human Rights. The
Secretary General shall prepare a list in alphabetical order of the candidates presented
and transmit it to the States Parties at least thirty days prior to the next session of
the General Assembly.
Article 82
The judges of the Court shall be
elected from the list of candidates referred to in Article 81, by secret
ballot of the States Parties to the Convention in the General Assembly. The
candidates who obtain the largest number of votes and an absolute majority
of the votes of the representatives of the States Parties shall be declared
elected. Should it become necessary to have several ballots in order to
elect all the judges of the Court, the candidates who receive the smallest
number of votes shall be eliminated successively, in the manner determined
by the States Parties.
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