Regional Human Rights Systems (Americas)

Question 1

The Inter-American system of human rights: Two instruments

Answer 1

35 members (all sovereign states of the western hemisphere - exception of Cuba). Two important Human rights instruments:
1. American Declaration of the Rights and Duties of Man.
2. American Convention on Human rights (main treaties)
–> Two main institutions: Inter-American Commission on Human rights & Inter-American Court of Human Rights. (You can be part of the convention and not accept jurisdiction of the Court).

Question 2

American Convention on Human Rights

Answer 2

23 civil and political rights. 1st Protocol: Economic, Social, and Cultural Rights. 2nd Protocol: Abolition of the death penalty.

Question 3

Inter-American Commission on Human Rights

Answer 3

Created in 1967 (OAS Charter amendment). Performs a dual role: applies OAS Charter (ADHR) and can also apply the American Convention on Human Rights (ACHR).

Question 4

Main function of Inter-American Commission on Human Rights

Answer 4

Examines individual complaints/petitions against governments that are members of the OAS (non-optional: if you are a member of the OAS, you are allowing the Commission to hear complaints against you). Also hears inter-state complaints (optional and reciprocal). Performs investigations on associated reports (country-based, thematic: problem in the region related to forced disappearance).

Question 5

Inter-American Commission on Human Rights: If they find there was a violation

Answer 5

Two things can happen:
1. Recommendation of what actions should be taken and the expectation to have a follow-up report. All confidential, but then becomes public.
2. The case can be referred to the Inter-American Courts. Can only be done if the State in question has accepted the jurisdiction of the court in the first place. The State could also itself take the case to the Court if they were unsatisfied by the views expressed by the Commission (if they have accepted jurisdiction). No State/individual can go directly to the Court, you can only file a complaint with the Commission. Only the Commission can refer complaints to the Court.

Question 6

Inter-American Court of Human Rights (IACtHR)

Answer 6

Created in 1979. Functions: 1. Adjudicate contentious cases (States can reject the jurisdiction of the court in general, but can agree to take the Case to the Court in this specific case). 2. Order provisional measures. 3. Issue advisory opinions (beyond the ACHR).

Question 7

Jurisdiction of the IACtHR

Answer 7

Consent-based (genera or case-specific, reciprocal or not).

Question 8

Applicable law for the IACtHR

Answer 8

The only law that the court can apply is the American Convention.

Question 9

Case initiation for the IACtHR

Answer 9

Limited to the Commission and State parties.

Question 10

Two different paths that the Inter-American Commission can take when it receives an Individual Petitions complaint

Answer 10

1. Charter-based system
2. Convention-based system.
   What determines which path it goes down: If a state is Brough against a state that has not ratified the Convention (Canada or US), then it is brought through the Charter-based system.

Question 11

Charter-based system of the Inter-American Commission

Answer 11

1. Applies ADHR
2. Admissibility: The complaint has to do with one of the rights contained in American Declaration.
3. The Commission will first try to reach a friendly settlement between parties. If that does not work, the commission will then hear the arguments. Those recommendations will not be legally binding for the government.

Question 12

Convention-based system of the Inter-American Commission

Answer 12

1. Applies ACHR (Treaty)
2. Admissibility: Arguments on both sides as to why the case should or should not be admitted.
3. If declared admissible, move on to try and find a friendly settlement. If that fails, move down to the merit of the case, then reach a conclusion on if there has been a violation; give recommendations.
   –> If the State in question has not accepted jurisdiction of Inter-American Courts, then that would be the end.
   –> But, it’s possible for the case to be referred to the court if the State has not followed recommendation satisfactorily.
   –> The Court will apply similar procedure again. No appeal process to this legally binding decision by the Court.