The importance of American identity
Introduction
The Inter -American System for the Protection of Human Rights includes two well -differentiated processes, based on the one hand in the Charter of the Organization of American States and on the other hand in the American Convention on Human Rights also known as. While the letter -based process is applicable to all OAS member states, the American Convention on Human Rights is legally binding only for States Parties.
Well, this synthesis we will talk about the Convention, adopted in 1969 and in force since 1978, it focuses on civil and political rights, but it is complemented by an additional protocol that includes economic, social and 88 cultural rights. In addition, the OAS has adopted special treaties on forced disappearances, torture, violence against women, international trafficking in minors and discrimination against people with disabilities.
Developing
The Convention provides for a denunciation procedure between states and complaints of individuals before the Inter -American Commission on Human Rights, a quadjudicial body of Washington D -headquarters D. C., and the Inter -American Court of Human Rights, located in San José. As of March 2016, of the 35 OAS member states, only 23 are parties in the Convention and 19 have recognized the jurisdiction of the Court.
For states that have not ratified the convention or that have been withdrawn, such as Trinidad and Tobago and the Bolivarian Republic of Venezuela only the letter based on the letter before the IACHR is applied. The vast majority of the thousands of requests that are presented in accordance with this system are examined only by the IACHR, which either declares them inadmissible or facilitates a friendly solution or publishes their conclusions on the bottom of the matter in a report that includes recommendations notbinding.
The complainants themselves do not have the right to present their cases directly before the IdH Court;Only interested states and IACHR can do it. In most cases sent to the Court, the states in question have been declared responsible for serious and systematic violations of human rights including torture, arbitrary executions and forced disappearances and they have been ordered to ensure the adoption of reparation measuresthat go beyond monetary compensation, such as the guarantees of non -repetition, to the victims and their families.
Like the African Court, the IDH Court is also empowered to issue advisory opinions in which the International Human Rights Treaties are interpreted especially the American Convention on Human Rights and evaluate the compatibility of internal legislation with those treaties. The Caribbean Court of Justice was inaugurated in 2005.
Although its headquarters are located in Puerto España Trinidad and Tobago, it also conducts audiences in other contracting parts. The Court has both an organ of first instance and another of the second instance and acts as the Superior Court of Appeal for members who have recognized their jurisdiction in their national legislation. Likewise, the Court has competence to consider issues related to the common market of the Caribbean, in addition to cases that affect the environment and human rights.
The background of the American Convention date back to the Inter -American Conference held in Mexico in 1945, which entrusted the Inter -American Legal Committee to prepare a declaration project. This idea was resumed at the fifth consultation of consultation of Foreign Ministers that met in Santiago de Chile in August 1959 and decided to promote the preparation of a Human Rights Convention.
The original convention project was prepared by the Inter -American Jurisconsults Council, was submitted to the OAS Council and subject to comments by the States and the Inter -American Commission. In 1967 the commission presented a new convention project. In order to analyze the different projects, the OAS convened an Inter -American Specialized Conference on Human Rights, which met in San José de Costa Rica from November 7 to 22, 1969.
The entry into force of the American Convention in 1978 allowed to increase the effectiveness of the Commission, establish an Inter -American Court of Human Rights and modify the legal nature of the instruments on which the institutional structure is based. In its first part, the American Convention establishes the duties of the states and the rights protected by said treaty.
conclusion
In its second part, the American Convention establishes the means of protection: the IACHR and the IDH Court, to which it declares competent bodies to learn about the matters related to the fulfillment of the commitments contracted by the States Parties of the Convention. As of January 24, 2020, 24 OAS Member States are part of the American Convention.
The United Nations Convention is against torture and other cruel, inhuman or degrading treatment or penalties, one of the basic human rights treaties, was adopted in 1984 by the United Nations General Assembly. Provides that states take effective measures to prevent torture in any territory under their jurisdiction
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