Human Rights and the Inter -American System
The inter -American system
The Inter -American System is a regional system for the promotion and protection of human rights and is composed of two bodies: the Inter -American Commission on Human Rights and the Inter -American Court of Human Rights, which monitor compliance with the obligations contracted by the Member States by the Member Statesof the OAS.
The individual requests examined by the Commission can be presented by people, groups of people or organizations that allege human rights violations guaranteed in the American Declaration, the American Convention and other Inter -American Human Rights Treaties. When a complaint occurs before the Commission against a Member State of the OAS for violation of human rights per share, omission or acquiescence, the Commission will issue a report with recommendations to the State Party in question. A current example in our country of violation of human rights by omission by the State, is the lack of water in Villa 31, since the State is omitting the water supply, in a context of sanitary emergency by COVID-19 inwhere hygienic conditions are essential. While the State has the power to suspend rights in emergency cases, such as free transit, this does not mean that it can suspend the guarantees that it considers, but that the suspension of guarantees is subject to certain conditions and does notYou can remove the right to people from having drinking water and less in this context where they put their lives in danger. (In 2010 the UN recognized the human right to water and sanitation, through resolution 64/292)
To file a complaint with the IACHR, there are a number of requirements, among which are: to exhaust internal resources and with this it should be noted that no international organism can graf in the internal affairs of the states;a period of 6 months to 1 year of the last sentence within the State;absence of pendencia litis and absence of the thing judged. However, there are exceptions to these requirements, among the most important are those indicated in the 11/90 advisory opinion and defines that if a claimant before the commission has been prevented from using internal resources for reasons of indigence or generalized fearof lawyers to legally represent them, you cannot demand their exhaustion. Another important issue to clarify is that a complaint cannot be filed in two different international organizations, that is, if there is a complaint in the Human Rights Committee, for example, I cannot go to the IACHR.
Then it can happen that the commission derives a case to the Court IDH, but the state in question must have recognized the jurisdiction of the IdH Court, the otherwise the Court cannot judge the State. The Court creation letter is at the Convention. The Convention is an International Treaty of DD. H H. which was approved by the Congress of Argentina in 1984, at that time the hierarchy between federal law and treaties was not very clear, therefore it was argued that the treaty and law had the same hierarchy. The Ekmekdjian vs Sofovich failure marked a before and after in the Argentine Constitutionality block, since this ruling gave rise to the monistic system in our country, that is, connect our internal right to the international. In 1992 the Supreme Court of Justice of the Nation sat jurisprudence to give preeminence to the treaties in general about the laws. With the constitutional reform of 1994 the ART was incorporated.75 inc 22 that marks the hierarchy of treaties above the laws and constitutional hierarchy of some DD treaties. H H..
The Court intervenes in cases where human rights or omission have violated and those damages have not been repaired. The Court in its contentious competeSupervision of compliance with sentences. The purpose of the IDH Court is to apply and interpret the American Convention and other Inter -American Human Rights Treaties.
In both IdH court, and in the IACHR, a case can be closed by friendly solution. The friendly solution is a legal figure typical of International Human Rights Law. The friendly solution shortens the procedure because it brings together the parties to fix and be reflected in a final report. If the State does not comply with, the international responsibility passes, it has no sanctions but remains as the breach country, although in case of breach as a sanction they can block it economically, but its sovereignty as a country prevails and nobody can take that away from it.
We can conclude that the DD protection system. H H. In the American region it is carried out by the Inter -American Commission on Human Rights and the Inter -American Court of Human Rights. This is very important because they are international organizations that ensure the protection and fulfillment of them, which are the result of the search for equity among the men of the world.
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