Inter-American system

Question 1

what does Gomez argue?

Answer 1

• The legacy of this organ dates back to South American independence in the early 1800s
• argues the context of the 1960s and 70s revolutionary movements and the so-called threat of communism that prompted the use of the national security doctrine- in this regional context that ignited HR activism in the 1970s

Question 2

Name the important mechanisms of the inter-american court.

Answer 2

1. broad interpretation of the mandate to prevent imminent and irreparable harm.
2. conventionality control (articulated in 2006)- no universally accepted conception of it. p13

Question 3

what happened in 1889?

Answer 3

conference of Union of American republics met after the pacific war- question of codifying IL

Question 4

when was the Pan-American union created?

Answer 4

1910

Question 5

what was the Bogota conference?

Answer 5

1948- OAS Charter and American declaration of the rights and duties of man- first instrument

Question 6

what happened in 1959?

Answer 6

theInter-American Commission on Human Rights (IACHR)

Question 7

when was the American treaty of HR established?

Answer 7

1969

Question 8

when was the IACourtHR established?

Answer 8

1978

Question 9

what happened to OAS membership in 1990s?

Answer 9

11 new independent states such as those in Caribbean joined the OAS.

Question 10

Name some important charters.

Answer 10

1994- Inter-American Convention on Forced Disappearance of Persons

1995- Convention on the Prevention, Punishment and Eradication of Violence against Women (Belem do Para).

1999- San Salvador Protocol on Economic, Social and Cultural Rights

Question 11

similarities between court and commission.

Answer 11

• both composed of 7 commissioners and judges
• experts
• judges are elected of states that ratified

Question 12

role of TheInter-American Commission on Human Rights (IACHR)

Answer 12

1. Recommendations on HR observations in the form of country reports (100 made over the years)
2. Advancing HR standards through thematic rapporteaurships and issuing thematic reports
3. Processing of individual complaints- turns it into a quasi-judicial organ. Can refer cases to the court or ask for advisory opinions
4. issuing precautionary measures to protect individuals in ‘irreparable harm situations’.

Question 13

role of TheInter-American Court of Human Rights (IACtHR).

Answer 13

1. Examine and adjudicate individual and interstate cases in the exercise of its contentious jurisdiction.
2. Issuing provisional measures to prevent irreparable harm to persons- protective function
3. Issuing if advisory opinions at the request of commission- MADE IMPORTANT CONTRIBUTIONS- advisory jurisdiction.

Question 14

what is contentious jurisdiction?

Answer 14

contentious jurisdiction is jurisdiction over matters in controversy between parties, in contradistinction to voluntary jurisdiction, or that exercised upon matters not opposed or controverted.

Question 15

who does the court have contentious jurisdiction over?

Answer 15

Has contentious jurisdiction over those who have ratified the convention but only advisory jurisdiction on other OAS states.

Question 16

name some differences to the European system.

Answer 16

Difference to European system- judges from a nationality of the case cannot take part.

Court is known to provide a wide measures of reparations and the unique extent of their ability to grant protective measures (don’t need a pending case but can go straight to the commission).

Question 17

what criteria is used to evaluate the potenial use of protective measures

Answer 17

• type of threat and to whom
• prior acts of aggression
• increase in intensity of threats

Question 18

what is admissibility criteria to the court?

Answer 18

Jurdicatication, exhaustion of domestic remedies, non-duplication with other international organs, colorable claim)

Question 19

analyse some important positive regional impacts.

Answer 19

1. during late 1970s and 80s the IACHR fulfilled an important role documenting HR abuses in central american and processing complaints filed by individuals and organisations.
2. • Developed tools to achieve redress through friendly settlements.
3. Conceptualise conducts linked to human rights.
4. Tools to protect life and physical integrity in urgent cases- eg threats to judiciary and HR fighters.
5. Contributed to transitional justice
6. Development of comprehensive reperations for material and no material damages

Question 20

what are the 1980 special procedures?

Answer 20

The Inter-American Court adopted its first Rules of Procedure in July 1980. These rules were based on the then Rules of Procedure of the European Court of Human Rights,

1. conduction of on-site observations;
2. the competence to receive and process complaints filed by individuals, groups of individuals, and organizations on their own behalf or on behalf of other persons, victims many times disappeared or held in incommunicado detention;
3. the competence to initiate the processing of a petition motu proprio (in cases where expecting a petition was unrealistic due to death,disappearance, and insecurity for any survivors);
4. and the competence to issue precautionary measures in urgent cases involving risk of irreparable harm to persons.

Question 21

discuss some institutional challenges.

Answer 21

• Lack of universality- not all states have ratified so certain countries are held to higher scrutiny causing resentment.
• Partial or non-compliance with decsions
• Some states pushing for ‘margins of appreciation’ in the interpretation of convention- some actors believe this is an attempt with interfering with the independence of the court.

Question 22

what are ‘margins of appreciation’?

Answer 22

The term “margin of appreciation” refers to the space for manoeuvre that the Strasbourg organs are willing to grant national authorities, in fulfilling their obligations under the European Convention on Human Rights (the Convention)1

Question 23

Name some substantive challenges.

Answer 23

• The plites of marginislaed groups (indegenious populations)
• Exploitation of natural resources
• Violence
• Fragility of democracy