American Convention on Human Rights

Question 1

ACHR (American Convention on Human Rights)

Answer 1

Ratified by most Latin American States– Canada and the US have not ratified.
It is a treaty establishing both first-generation and second-generation rights.

It gave birth to:
- Inter-American Commission of Human Rights:
1. can hear individual and inter-States complaints
2. can deliberate over disputes
3. shall promote and monitor compliance with the rights
- Inter-American Court of Human Rights:
1. can deliberate over cases brought only by the Commission (even produced by individual complaints) or States
2. can only clarify controversial cases or provide an advisory opinion

The Commission might promulgate a judgement against a State’s violation and take measures or give recommendations (non-binding). The State might issue the judgement that will be examined by the Court (which is recognized by almost all States) that gives the final LEGALLY BINDING judgement.