The inter-American system is the oldest regional human rights body in the world and originated with the creation of the American Declaration of the Rights and Duties of Man in 1948. It contains the Inter-American Commission on Human Rights (IACHR or Commission) responsible for hearing cases and promoting human rights, and the Inter-America Court of Human Rights (Court) which interprets the provisions of the American Convention on Human Rights. Both the Commission and the Court are essential organs of the inter-American system of human rights.
Institutions within the Inter-American Human Rights System: The IACHR and the Court
The Inter-American Commission on Human Rights
Some essential components of the Commission’s protection of human rights include issuing “precautionary measures, the processing of petitions and cases, the referral of cases to the jurisdiction of the Inter-American Court, and the holding of hearings on the situation of human rights in the Member States.” To date, there have been 157 session hearings on human rights; the 157th session took take place April 2016.
The Inter-American Court of Human Rights
To protect the “rights of man,” the inter-American system’s member states acknowledged that a “juridical organ” had to be set in place within the OAS. When in 1969 the American Convention on Human Rights was adopted, and the OAS formally established the Court. In 1979, the Court’s headquarters were established in San Jose, Costa Rica. The convention also sets forth the “functions and procedures” both the Court and the Commission. Currently, the Court has judicial and advisory functions.
The judicial function empowers the Court to interpret the provisions of the American Convention; however this option is only available once the options in the Commission are exhausted, and is only applicable to states who recognize the Court’s jurisdiction. The advisory function allows the Court to write an opinion on “domestic laws and the treaties concerning the protection of human rights in the American States, in keeping with Article 64 of the American Convention.” Hence, although not binding, the Court can issue an opinion on matters of domestic law at the request of states.
Additional Human Rights Instruments in the Inter-American System
Separate from the foundational documents such as the 1948 American Declaration of the Rights and Duties of Man and the 1969 American Convention on Human Rights, the inter-American system has developed and relied on additional instruments to ensure the broad protection of human rights in the Americas. Below is a brief list of some of these essential conventions.
1985: The Inter-American Convention to Prevent and Punish Torture: This convention defines “torture and… the liability for committing this crime” as a human rights offense. In addition, the convention enables states to “agree to adopt measures to prevent and punish any other cruel, inhuman, or degrading treatment within their respective jurisdictions.” For example, “persons accused of torture cannot elude the action of justice by fleeing to the territory of another State party.”
1994: The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women: This convention defines “violence against women, including physical, sexual, and psychological violence, based on gender, whether in the public or private sphere, and establishes that all women have the right to a life free from violence, [and] discrimination.” All members that are parties to this convention agree to prosecute and condemn violence against women, and are bound take action at the time of and prior to the occurrence of violence against women.
1994: The Inter-American Convention on Forced Disappearance of Persons: All parties to this convention commit that they will not practice or tolerate forced disappearance. In addition they vow to “punish the perpetrators, accomplices, and accessories of this crime in their respective jurisdictions.” To accomplish this states are required to “adopt the legislative measures necessary for defining forced disappearance as a crime and to cooperate among themselves to contribute to preventing, punishing, and eradicating this crime.”
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