O.A.S. Treaty Series No. 36, 1144 U.N.T.S. 123
entered into force July 18, 1978,
reprinted in Basic Documents Pertaining to Human Rights in the Inter-American
System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 25 (1992)
The American states signatory to the present Convention,
Reaffirming their intention to consolidate in this hemisphere, within
the framework of democratic institutions, a system of personal liberty and
social justice based on respect for the essential rights of man;
Recognizing that the essential rights of man are not derived from
one's being a national of a certain state, but are based upon attributes of the
human personality, and that they therefore justify international protection in
the form of a convention reinforcing or complementing the protection provided by
the domestic law of the American states;
Considering that these principles have been set forth in the Charter
of the Organization of American States, in the American Declaration of the
Rights and Duties of Man, and in the Universal Declaration of Human Rights, and
that they have been reaffirmed and refined in other international instruments,
worldwide as well as regional in scope;
Reiterating that, in accordance with the Universal Declaration of
Human Rights, the ideal of free men enjoying freedom from fear and want can be
achieved only if conditions are created whereby everyone may enjoy his economic,
social, and cultural rights, as well as his civil and political rights; and
Considering that the Third Special Inter-American Conference (Buenos
Aires, 1967) approved the incorporation into the Charter of the Organization
itself of broader standards with respect to economic, social, and educational
rights and resolved that an inter-American convention on human rights should
determine the structure, competence, and procedure of the organs responsible for
these matters,
The States Parties to this Convention undertake to respect the rights and
freedoms recognized herein and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms, without
any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth,
or any other social condition.
For the purposes of this Convention, "person" means every human
being.
Where the exercise of any of the rights or freedoms referred to in Article 1
is not already ensured by legislative or other provisions, the States Parties
undertake to adopt, in accordance with their constitutional processes and the
provisions of this Convention, such legislative or other measures as may be
necessary to give effect to those rights or freedoms.
Every person has the right to have his life respected. This right shall be
protected by law and, in general, from the moment of conception. No one shall be
arbitrarily deprived of his life.
In countries that have not abolished the death penalty, it may be imposed
only for the most serious crimes and pursuant to a final judgment rendered by a
competent court and in accordance with a law establishing such punishment,
enacted prior to the commission of the crime. The application of such punishment
shall not be extended to crimes to which it does not presently apply.
The
death penalty shall not be reestablished in states that have abolished it.
In no case shall capital punishment be inflicted for political offenses or
related common crimes.
Capital punishment shall not be imposed upon persons who, at the time the
crime was committed, were under 18 years of age or over 70 years of age; nor
shall it be applied to pregnant women.
Every person condemned to death shall have the right to apply for amnesty,
pardon, or commutation of sentence, which may be granted in all cases. Capital
punishment shall not be imposed while such a petition is pending decision by the
competent authority.
Every person has the right to have his physical, mental, and moral
integrity respected.
No one shall be subjected to torture or to cruel, inhuman, or degrading
punishment or treatment. All persons deprived of their liberty shall be treated
with respect for the inherent dignity of the human person.
Punishment shall not be extended to any person other than the criminal.
Accused persons shall, save in exceptional circumstances, be segregated
from convicted persons, and shall be subject to separate treatment appropriate
to their status as unconvicted persons.
Minors while subject to criminal proceedings shall be separated from
adults and brought before specialized tribunals, as speedily as possible, so
that they may be treated in accordance with their status as minors.
Punishments consisting of deprivation of liberty shall have as an
essential aim the reform and social readaptation of the prisoners.
1. No one shall be subject to slavery or to involuntary servitude, which are
prohibited in all their forms, as are the slave trade and traffic in women.
2. No one shall be required to perform forced or compulsory labor. This
provision shall not be interpreted to mean that, in those countries in which the
penalty established for certain crimes is deprivation of liberty at forced
labor, the carrying out of such a sentence imposed by a competent court is
prohibited. Forced labor shall not adversely affect the dignity or the physical
or intellectual capacity of the prisoner.
3. For the purposes of this article, the following do not constitute forced
or compulsory labor:
a. work or service normally required of a person imprisoned in execution of a
sentence or formal decision passed by the competent judicial authority. Such
work or service shall be carried out under the supervision and control of public
authorities, and any persons performing such work or service shall not be placed
at the disposal of any private party, company, or juridical person;
b. military service and, in countries in which conscientious objectors are
recognized, national service that the law may provide for in lieu of military
service;
c. service exacted in time of danger or calamity that threatens the existence
or the well-being of the community; or
d. work or service that forms part of normal civic obligations.
Every person has the right to personal liberty and security.
No one shall be deprived of his physical liberty except for the reasons
and under the conditions established beforehand by the constitution of the State
Party concerned or by a law established pursuant thereto.
No one shall be subject to arbitrary arrest or imprisonment.
Anyone who is detained shall be informed of the reasons for his detention
and shall be promptly notified of the charge or charges against him.
Any person detained shall be brought promptly before a judge or other
officer authorized by law to exercise judicial power and shall be entitled to
trial within a reasonable time or to be released without prejudice to the
continuation of the proceedings. His release may be subject to guarantees to
assure his appearance for trial.
Anyone who is deprived of his liberty shall be entitled to recourse to a
competent court, in order that the court may decide without delay on the
lawfulness of his arrest or detention and order his release if the arrest or
detention is unlawful. In States Parties whose laws provide that anyone who
believes himself to be threatened with deprivation of his liberty is entitled to
recourse to a competent court in order that it may decide on the lawfulness of
such threat, this remedy may not be restricted or abolished. The interested
party or another person in his behalf is entitled to seek these remedies.
No one shall be detained for debt. This principle shall not limit the
orders of a competent judicial authority issued for nonfulfillment of duties of
support.
Every person has the right to a hearing, with due guarantees and within a
reasonable time, by a competent, independent, and impartial tribunal, previously
established by law, in the substantiation of any accusation of a criminal nature
made against him or for the determination of his rights and obligations of a
civil, labor, fiscal, or any other nature.
Every person accused of a criminal offense has the right to be presumed
innocent so long as his guilt has not been proven according to law. During the
proceedings, every person is entitled, with full equality, to the following
minimum guarantees:
the right of the accused to be assisted without charge by a translator or
interpreter, if he does not understand or does not speak the language of the
tribunal or court;
prior notification in detail to the accused of the charges against him;
adequate time and means for the preparation of his defense;
the right of the accused to defend himself personally or to be assisted by
legal counsel of his own choosing, and to communicate freely and privately with
his counsel;
the inalienable right to be assisted by counsel provided by the state,
paid or not as the domestic law provides, if the accused does not defend himself
personally or engage his own counsel within the time period established by law;
the right of the defense to examine witnesses present in the court and to
obtain the appearance, as witnesses, of experts or other persons who may throw
light on the facts;
the right not to be compelled to be a witness against himself or to plead
guilty; and
the right to appeal the judgment to a higher court.
A confession of guilt by the accused shall be valid only if it is made
without coercion of any kind.
An accused person acquitted by a nonappealable judgment shall not be
subjected to a new trial for the same cause.
Criminal proceedings shall be public, except insofar as may be necessary
to protect the interests of justice.
No one shall be convicted of any act or omission that did not constitute a
criminal offense, under the applicable law, at the time it was committed. A
heavier penalty shall not be imposed than the one that was applicable at the
time the criminal offense was committed. If subsequent to the commission of the
offense the law provides for the imposition of a lighter punishment, the guilty
person shall benefit there from.
Every person has the right to be compensated in accordance with the law in
the event he has been sentenced by a final judgment through a miscarriage of
justice.
Everyone has the right to have his honor respected and his dignity
recognized.
No one may be the object of arbitrary or abusive interference with his
private life, his family, his home, or his correspondence, or of unlawful
attacks on his honor or reputation.
Everyone has the right to the protection of the law against such
interference or attacks.
Everyone has the right to freedom of conscience and of religion. This
right includes freedom to maintain or to change one's religion or beliefs, and
freedom to profess or disseminate one's religion or beliefs, either individually
or together with others, in public or in private.
No one shall be subject to restrictions that might impair his freedom to
maintain or to change his religion or beliefs.
Freedom to manifest one's religion and beliefs may be subject only to the
limitations prescribed by law that are necessary to protect public safety,
order, health, or morals, or the rights or freedoms of others.
Parents or guardians, as the case may be, have the right to provide for
the religious and moral education of their children or wards that is in accord
with their own convictions.
Everyone has the right to freedom of thought and expression. This right
includes freedom to seek, receive, and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing, in print, in the form
of art, or through any other medium of one's choice.
The exercise of the right provided for in the foregoing paragraph shall
not be subject to prior censorship but shall be subject to subsequent imposition
of liability, which shall be expressly established by law to the extent
necessary to ensure:
respect for the rights or reputations of others; or
the protection of national security, public order, or public health or
morals.
The right of expression may not be restricted by indirect methods or
means, such as the abuse of government or private controls over newsprint, radio
broadcasting frequencies, or equipment used in the dissemination of information,
or by any other means tending to impede the communication and circulation of
ideas and opinions.
Notwithstanding the provisions of paragraph 2 above, public entertainments
may be subject by law to prior censorship for the sole purpose of regulating
access to them for the moral protection of childhood and adolescence.
Any propaganda for war and any advocacy of national, racial, or religious
hatred that constitute incitements to lawless violence or to any other similar
action against any person or group of persons on any grounds including those of
race, color, religion, language, or national origin shall be considered as
offenses punishable by law.
Anyone injured by inaccurate or offensive statements or ideas disseminated
to the public in general by a legally regulated medium of communication has the
right to reply or to make a correction using the same communications outlet,
under such conditions as the law may establish.
The correction or reply shall not in any case remit other legal
liabilities that may have been incurred.
For the effective protection of honor and reputation, every publisher, and
every newspaper, motion picture, radio, and television company, shall have a
person responsible who is not protected by immunities or special privileges.
The right of peaceful assembly, without arms, is recognized. No restrictions
may be placed on the exercise of this right other than those imposed in
conformity with the law and necessary in a democratic society in the interest of
national security, public safety or public order, or to protect public health or
morals or the rights or freedom of others.
Everyone has the right to associate freely for ideological, religious,
political, economic, labor, social, cultural, sports, or other purposes.
The exercise of this right shall be subject only to such restrictions
established by law as may be necessary in a democratic society, in the interest
of national security, public safety or public order, or to protect public health
or morals or the rights and freedoms of others.
The provisions of this article do not bar the imposition of legal
restrictions, including even deprivation of the exercise of the right of
association, on members of the armed forces and the police.
The family is the natural and fundamental group unit of society and is
entitled to protection by society and the state.
The right of men and women of marriageable age to marry and to raise a
family shall be recognized, if they meet the conditions required by domestic
laws, insofar as such conditions do not affect the principle of
nondiscrimination established in this Convention.
No marriage shall be entered into without the free and full consent of the
intending spouses.
The States Parties shall take appropriate steps to ensure the equality of
rights and the adequate balancing of responsibilities of the spouses as to
marriage, during marriage, and in the event of its dissolution. In case of
dissolution, provision shall be made for the necessary protection of any
children solely on the basis of their own best interests.
The law shall recognize equal rights for children born out of wedlock and
those born in wedlock.
Every person has the right to a given name and to the surnames of his parents
or that of one of them. The law shall regulate the manner in which this right
shall be ensured for all, by the use of assumed names if necessary.
Everyone has the right to the use and enjoyment of his property. The law
may subordinate such use and enjoyment to the interest of society.
No one shall be deprived of his property except upon payment of just
compensation, for reasons of public utility or social interest, and in the cases
and according to the forms established by law.
Usury and any other form of exploitation of man by man shall be prohibited
by law.
Every person lawfully in the territory of a State Party has the right to
move about in it, and to reside in it subject to the provisions of the law.
Every person has the right to leave any country freely, including his own.
The exercise of the foregoing rights may be restricted only pursuant to a
law to the extent necessary in a democratic society to prevent crime or to
protect national security, public safety, public order, public morals, public
health, or the rights or freedoms of others.
The exercise of the rights recognized in paragraph 1 may also be
restricted by law in designated zones for reasons of public interest.
No one can be expelled from the territory of the state of which he is a
national or be deprived of the right to enter it.
An alien lawfully in the territory of a State Party to this Convention may
be expelled from it only pursuant to a decision reached in accordance with law.
Every person has the right to seek and be granted asylum in a foreign
territory, in accordance with the legislation of the state and international
conventions, in the event he is being pursued for political offenses or related
common crimes.
In no case may an alien be deported or returned to a country, regardless
of whether or not it is his country of origin, if in that country his right to
life or personal freedom is in danger of being violated because of his race,
nationality, religion, social status, or political opinions.
Every citizen shall enjoy the following rights and opportunities:
to take part in the conduct of public affairs, directly or through freely
chosen representatives;
to vote and to be elected in genuine periodic elections, which shall be by
universal and equal suffrage and by secret ballot that guarantees the free
expression of the will of the voters; and
to have access, under general conditions of equality, to the public
service of his country.
The law may regulate the exercise of the rights and opportunities referred
to in the preceding paragraph only on the basis of age, nationality, residence,
language, education, civil and mental capacity, or sentencing by a competent
court in criminal proceedings.
Everyone has the right to simple and prompt recourse, or any other
effective recourse, to a competent court or tribunal for protection against acts
that violate his fundamental rights recognized by the constitution or laws of
the state concerned or by this Convention, even though such violation may have
been committed by persons acting in the course of their official duties.
The States Parties undertake:
to ensure that any person claiming such remedy shall have his rights
determined by the competent authority provided for by the legal system of the
state;
to develop the possibilities of judicial remedy; and
to ensure that the competent authorities shall enforce such remedies when
granted.
The States Parties undertake to adopt measures, both internally and through
international cooperation, especially those of an economic and technical nature,
with a view to achieving progressively, by legislation or other appropriate
means, the full realization of the rights implicit in the economic, social,
educational, scientific, and cultural standards set forth in the Charter of the
Organization of American States as amended by the Protocol of Buenos Aires.
In time of war, public danger, or other emergency that threatens the
independence or security of a State Party, it may take measures derogating from
its obligations under the present Convention to the extent and for the period of
time strictly required by the exigencies of the situation, provided that such
measures are not inconsistent with its other obligations under international law
and do not involve discrimination on the ground of race, color, sex, language,
religion, or social origin.
The foregoing provision does not authorize any suspension of the following
articles: Article 3 (Right to Juridical Personality), Article 4 (Right to Life),
Article 5 (Right to Humane Treatment), Article 6 (Freedom from Slavery), Article
9 (Freedom from Ex Post Facto Laws), Article 12 (Freedom of Conscience and
Religion), Article 17 (Rights of the Family), Article 18 (Right to a Name),
Article 19 (Rights of the Child), Article 20 (Right to Nationality), and Article
23 (Right to Participate in Government), or of the judicial guarantees essential
for the protection of such rights.
Any State Party availing itself of the right of suspension shall
immediately inform the other States Parties, through the Secretary General of
the Organization of American States, of the provisions the application of which
it has suspended, the reasons that gave rise to the suspension, and the date set
for the termination of such suspension.
Where a State Party is constituted as a federal state, the national
government of such State Party shall implement all the provisions of the
Convention over whose subject matter it exercises legislative and judicial
jurisdiction.
With respect to the provisions over whose subject matter the constituent
units of the federal state have jurisdiction, the national government shall
immediately take suitable measures, in accordance with its constitution and its
laws, to the end that the competent authorities of the constituent units may
adopt appropriate provisions for the fulfillment of this Convention.
Whenever two or more States Parties agree to form a federation or other
type of association, they shall take care that the resulting federal or other
compact contains the provisions necessary for continuing and rendering effective
the standards of this Convention in the new state that is organized.
No provision of this Convention shall be interpreted as:
permitting any State Party, group, or person to suppress the enjoyment or
exercise of the rights and freedoms recognized in this Convention or to restrict
them to a greater extent than is provided for herein;
restricting the enjoyment or exercise of any right or freedom recognized
by virtue of the laws of any State Party or by virtue of another convention to
which one of the said states is a party;
precluding other rights or guarantees that are inherent in the human
personality or derived from representative democracy as a form of government; or
excluding or limiting the effect that the American Declaration of the
Rights and Duties of Man and other international acts of the same nature may
have.
The restrictions that, pursuant to this Convention, may be placed on the
enjoyment or exercise of the rights or freedoms recognized herein may not be
applied except in accordance with laws enacted for reasons of general interest
and in accordance with the purpose for which such restrictions have been
established.
Other rights and freedoms recognized in accordance with the procedures
established in Articles 76 and 77 may be included in the system of protection of
this Convention.
Every person has reponsibilities to his family, his community, and
mankind.
The rights of each person are limited by the rights of others, by the
security of all, and by the just demands of the general welfare, in a democratic
society.
The following organs shall have competence with respect to matters relating
to the fulfillment of the commitments made by the States Parties to this
Convention:
the Inter-American Commission on Human Rights, referred to as "The
Commission;" and
the Inter-American Court of Human Rights, referred to as "The
Court."
The Inter-American Commission on Human Rights shall be composed of seven
members, who shall be persons of high moral character and recognized competence
in the field of human rights.
Article 35
The Commission shall represent all the member countries of the Organization
of American States.
Article 36
The members of the Commission shall be elected in a personal capacity by
the General Assembly of the Organization from a list of candidates proposed by
the governments of the member states.
Each of those governments may propose up to three candidates, who may be
nationals of the states proposing them or of any other member state of the
Organization of American States. When a slate of three is proposed, at least one
of the candidates shall be a national of a state other than the one proposing
the slate.
Article 37
The members of the Commission shall be elected for a term of four years
and may be reelected only once, but the terms of three of the members chosen in
the first election shall expire at the end of two years. Immediately following
that election the General Assembly shall determine the names of those three
members by lot.
No two nationals of the same state may be members of the Commission.
Article 38
Vacancies that may occur on the Commission for reasons other than the normal
expiration of a term shall be filled by the Permanent Council of the
Organization in accordance with the provisions of the Statute of the Commission.
Article 39
The Commission shall prepare its Statute, which it shall submit to the
General Assembly for approval. It shall establish its own Regulations.
Article 40
Secretariat services for the Commission shall be furnished by the appropriate
specialized unit of the General Secretariat of the Organization. This unit shall
be provided with the resources required to accomplish the tasks assigned to it
by the Commission.
The main function of the Commission shall be to promote respect for and
defense of human rights. In the exercise of its mandate, it shall have the
following functions and powers:
to develop an awareness of human rights among the peoples of America;
to make recommendations to the governments of the member states, when it
considers such action advisable, for the adoption of progressive measures in
favor of human rights within the framework of their domestic law and
constitutional provisions as well as appropriate measures to further the
observance of those rights;
to prepare such studies or reports as it considers advisable in the
performance of its duties;
to request the governments of the member states to supply it with
information on the measures adopted by them in matters of human rights;
to respond, through the General Secretariat of the Organization of
American States, to inquiries made by the member states on matters related to
human rights and, within the limits of its possibilities, to provide those
states with the advisory services they request;
to take action on petitions and other communications pursuant to its
authority under the provisions of Articles 44 through 51 of this Convention; and
to submit an annual report to the General Assembly of the Organization of
American States.
Article 42
The States Parties shall transmit to the Commission a copy of each of the
reports and studies that they submit annually to the Executive Committees of the
Inter-American Economic and Social Council and the Inter-American Council for
Education, Science, and Culture, in their respective fields, so that the
Commission may watch over the promotion of the rights implicit in the economic,
social, educational, scientific, and cultural standards set forth in the Charter
of the Organization of American States as amended by the Protocol of Buenos
Aires.
Article 43
The States Parties undertake to provide the Commission with such information
as it may request of them as to the manner in which their domestic law ensures
the effective application of any provisions of this Convention.
Any person or group of persons, or any nongovernmental entity legally
recognized in one or more member states of the Organization, may lodge petitions
with the Commission containing denunciations or complaints of violation of this
Convention by a State Party.
Article 45
Any State Party may, when it deposits its instrument of ratification of or
adherence to this Convention, or at any later time, declare that it recognizes
the competence of the Commission to receive and examine communications in which
a State Party alleges that another State Party has committed a violation of a
human right set forth in this Convention.
Communications presented by virtue of this article may be admitted and
examined only if they are presented by a State Party that has made a declaration
recognizing the aforementioned competence of the Commission. The Commission
shall not admit any communication against a State Party that has not made such a
declaration.
A declaration concerning recognition of competence may be made to be valid
for an indefinite time, for a specified period, or for a specific case.
Declarations shall be deposited with the General Secretariat of the
Organization of American States, which shall transmit copies thereof to the
member states of that Organization.
Article 46
Admission by the Commission of a petition or communication lodged in
accordance with Articles 44 or 45 shall be subject to the following
requirements:
that the remedies under domestic law have been pursued and exhausted in
accordance with generally recognized principles of international law;
that the petition or communication is lodged within a period of six months
from the date on which the party alleging violation of his rights was notified
of the final judgment;
that the subject of the petition or communication is not pending in
another international proceeding for settlement; and
d. that, in the case of Article 44, the petition contains the name,
nationality, profession, domicile, and signature of the person or persons or of
the legal representative of the entity lodging the petition.
The provisions of paragraphs 1.a and 1.b of this article shall not be
applicable when:
the domestic legislation of the state concerned does not afford due
process of law for the protection of the right or rights that have allegedly
been violated;
the party alleging violation of his rights has been denied access to the
remedies under domestic law or has been prevented from exhausting them; or
there has been unwarranted delay in rendering a final judgment under the
aforementioned remedies.
Article 47
The Commission shall consider inadmissible any petition or communication
submitted under Articles 44 or 45 if:
any of the requirements indicated in Article 46 has not been met;
the petition or communication does not state facts that tend to establish
a violation of the rights guaranteed by this Convention;
the statements of the petitioner or of the state indicate that the
petition or communication is manifestly groundless or obviously out of order; or
the petition or communication is substantially the same as one previously
studied by the Commission or by another international organization.
When the Commission receives a petition or communication alleging
violation of any of the rights protected by this Convention, it shall proceed as
follows:
If it considers the petition or communication admissible, it shall request
information from the government of the state indicated as being responsible for
the alleged violations and shall furnish that government a transcript of the
pertinent portions of the petition or communication. This information shall be
submitted within a reasonable period to be determined by the Commission in
accordance with the circumstances of each case.
After the information has been received, or after the period established
has elapsed and the information has not been received, the Commission shall
ascertain whether the grounds for the petition or communication still exist. If
they do not, the Commission shall order the record to be closed.
The Commision may also declare the petition or communication inadmissible
or out of order on the basis of information or evidence subsequently received.
If the record has not been closed, the Commission shall, with the
knowledge of the parties, examine the matter set forth in the petition or
communication in order to verify the facts. If necessary and advisable, the
Commission shall carry out an investigation, for the effective conduct of which
it shall request, and the states concerned shall furnish to it, all necessary
facilities.
The Commission may request the states concerned to furnish any pertinent
information and, if so requested, shall hear oral statements or receive written
statements from the parties concerned.
The Commission shall place itself at the disposal of the parties concerned
with a view to reaching a friendly settlement of the matter on the basis of
respect for the human rights recognized in this Convention.
However, in serious and urgent cases, only the presentation of a petition
or communication that fulfills all the formal requirements of admissibility
shall be necessary in order for the Commission to conduct an investigation with
the prior consent of the state in whose territory a violation has allegedly been
committed.
Article 49
If a friendly settlement has been reached in accordance with paragraph 1.f of
Article 48, the Commission shall draw up a report, which shall be transmitted to
the petitioner and to the States Parties to this Convention, and shall then be
communicated to the Secretary General of the Organization of American States for
publication. This report shall contain a brief statement of the facts and of the
solution reached. If any party in the case so requests, the fullest possible
information shall be provided to it.
Article 50
If a settlement is not reached, the Commission shall, within the time
limit established by its Statute, draw up a report setting forth the facts and
stating its conclusions. If the report, in whole or in part, does not represent
the unanimous agreement of the members of the Commission, any member may attach
to it a separate opinion. The written and oral statements made by the parties in
accordance with paragraph 1.e of Article 48 shall also be attached to the
report.
The report shall be transmitted to the states concerned, which shall not
be at liberty to publish it.
In transmitting the report, the Commission may make such proposals and
recommendations as it sees fit.
Article 51
If, within a period of three months from the date of the transmittal of
the report of the Commission to the states concerned, the matter has not either
been settled or submitted by the Commission or by the state concerned to the
Court and its jurisdiction accepted, the Commission may, by the vote of an
absolute majority of its members, set forth its opinion and conclusions
concerning the question submitted for its consideration.
Where appropriate, the Commission shall make pertinent recommendations and
shall prescribe a period within which the state is to take the measures that are
incumbent upon it to remedy the situation examined.
When the prescribed period has expired, the Commission shall decide by the
vote of an absolute majority of its members whether the state has taken adequate
measures and whether to publish its report.
The Court shall consist of seven judges, nationals of the member states of
the Organization, elected in an individual capacity from among jurists of the
highest moral authority and of recognized competence in the field of human
rights, who possess the qualifications required for the exercise of the highest
judicial functions in conformity with the law of the state of which they are
nationals or of the state that proposes them as candidates.
No two judges may be nationals of the same state.
Article 53
The judges of the Court shall be elected by secret ballot by an absolute
majority vote of the States Parties to the Convention, in the General Assembly
of the Organization, from a panel of candidates proposed by those states.
Each of the States Parties may propose up to three candidates, nationals
of the state that proposes them or of any other member state of the Organization
of American States. When a slate of three is proposed, at least one of the
candidates shall be a national of a state other than the one proposing the
slate.
Article 54
The judges of the Court shall be elected for a term of six years and may
be reelected only once. The term of three of the judges chosen in the first
election shall expire at the end of three years. Immediately after the election,
the names of the three judges shall be determined by lot in the General
Assembly.
A judge elected to replace a judge whose term has not expired shall
complete the term of the latter.
The judges shall continue in office until the expiration of their term.
However, they shall continue to serve with regard to cases that they have begun
to hear and that are still pending, for which purposes they shall not be
replaced by the newly elected judges.
Article 55
If a judge is a national of any of the States Parties to a case submitted
to the Court, he shall retain his right to hear that case.
If one of the judges called upon to hear a case should be a national of
one of the States Parties to the case, any other State Party in the case may
appoint a person of its choice to serve on the Court as an ad hoc judge.
If among the judges called upon to hear a case none is a national of any
of the States Parties to the case, each of the latter may appoint an ad hoc
judge.
An ad hoc judge shall possess the qualifications indicated in Article 52.
If several States Parties to the Convention should have the same interest
in a case, they shall be considered as a single party for purposes of the above
provisions. In case of doubt, the Court shall decide.
Article 56
Five judges shall constitute a quorum for the transaction of business by the
Court.
Article 57
The Commission shall appear in all cases before the Court. Article 58
The Court shall have its seat at the place determined by the States
Parties to the Convention in the General Assembly of the Organization; however,
it may convene in the territory of any member state of the Organization of
American States when a majority of the Court considers it desirable, and with
the prior consent of the state concerned. The seat of the Court may be changed
by the States Parties to the Convention in the General Assembly by a two-thirds
vote.
The Court shall appoint its own Secretary.
The Secretary shall have his office at the place where the Court has its
seat and shall attend the meetings that the Court may hold away from its seat.
Article 59
The Court shall establish its Secretariat, which shall function under the
direction of the Secretary of the Court, in accordance with the administrative
standards of the General Secretariat of the Organization in all respects not
incompatible with the independence of the Court. The staff of the Court's
Secretariat shall be appointed by the Secretary General of the Organization, in
consultation with the Secretary of the Court.
Article 60
The Court shall draw up its Statute which it shall submit to the General
Assembly for approval. It shall adopt its own Rules of Procedure.
Only the States Parties and the Commission shall have the right to submit
a case to the Court.
In order for the Court to hear a case, it is necessary that the procedures
set forth in Articles 48 and 50 shall have been completed.
Article 62
A State Party may, upon depositing its instrument of ratification or
adherence to this Convention, or at any subsequent time, declare that it
recognizes as binding, ipso facto, and not requiring special agreement, the
jurisdiction of the Court on all matters relating to the interpretation or
application of this Convention.
Such declaration may be made unconditionally, on the condition of
reciprocity, for a specified period, or for specific cases. It shall be
presented to the Secretary General of the Organization, who shall transmit
copies thereof to the other member states of the Organization and to the
Secretary of the Court.
The jurisdiction of the Court shall comprise all cases concerning the
interpretation and application of the provisions of this Convention that are
submitted to it, provided that the States Parties to the case recognize or have
recognized such jurisdiction, whether by special declaration pursuant to the
preceding paragraphs, or by a special agreement.
Article 63
If the Court finds that there has been a violation of a right or freedom
protected by this Convention, the Court shall rule that the injured party be
ensured the enjoyment of his right or freedom that was violated. It shall also
rule, if appropriate, that the consequences of the measure or situation that
constituted the breach of such right or freedom be remedied and that fair
compensation be paid to the injured party.
In cases of extreme gravity and urgency, and when necessary to avoid
irreparable damage to persons, the Court shall adopt such provisional measures
as it deems pertinent in matters it has under consideration. With respect to a
case not yet submitted to the Court, it may act at the request of the
Commission.
Article 64
The member states of the Organization may consult the Court regarding the
interpretation of this Convention or of other treaties concerning the protection
of human rights in the American states. Within their spheres of competence, the
organs listed in Chapter X of the Charter of the Organization of American
States, as amended by the Protocol of Buenos Aires, may in like manner consult
the Court.
The Court, at the request of a member state of the Organization, may
provide that state with opinions regarding the compatibility of any of its
domestic laws with the aforesaid international instruments.
Article 65
To each regular session of the General Assembly of the Organization of
American States the Court shall submit, for the Assembly's consideration, a
report on its work during the previous year. It shall specify, in particular,
the cases in which a state has not complied with its judgments, making any
pertinent recommendations.
Reasons shall be given for the judgment of the Court.
If the judgment does not represent in whole or in part the unanimous
opinion of the judges, any judge shall be entitled to have his dissenting or
separate opinion attached to the judgment.
Article 67
The judgment of the Court shall be final and not subject to appeal. In case
of disagreement as to the meaning or scope of the judgment, the Court shall
interpret it at the request of any of the parties, provided the request is made
within ninety days from the date of notification of the judgment.
Article 68
The States Parties to the Convention undertake to comply with the judgment
of the Court in any case to which they are parties.
That part of a judgment that stipulates compensatory damages may be
executed in the country concerned in accordance with domestic procedure
governing the execution of judgments against the state.
Article 69
The parties to the case shall be notified of the judgment of the Court and it
shall be transmitted to the States Parties to the Convention.
The judges of the Court and the members of the Commission shall enjoy,
from the moment of their election and throughout their term of office, the
immunities extended to diplomatic agents in accordance with international law.
During the exercise of their official function they shall, in addition, enjoy
the diplomatic privileges necessary for the performance of their duties.
At no time shall the judges of the Court or the members of the Commission
be held liable for any decisions or opinions issued in the excercise of their
functions.
Article 71
The position of judge of the Court or member of the Commission is
incompatible with any other activity that might affect the independence or
impartiality of such judge or member, as determined in the respective statutes.
Article 72
The judges of the Court and the members of the Commission shall receive
emoluments and travel allowances in the form and under the conditions set forth
in their statutes, with due regard for the importance and independence of their
office. Such emoluments and travel allowances shall be determined in the budget
of the Organization of American States, which shall also include the expenses of
the Court and its Secretariat. To this end, the Court shall draw up its own
budget and submit it for approval to the General Assembly through the General
Secretariat. The latter may not introduce any changes in it.
Article 73
The General Assembly may, only at the request of the Commission or the Court,
as the case may be, determine sanctions to be applied against members of the
Commission or judges of the Court when there are justifiable grounds for such
action as set forth in the respective statutes. A vote of a two-thirds majority
of the member states of the Organization shall be required for a decision in the
case of members of the Commission and, in the case of judges of the Court, a
two-thirds majority vote of the States Parties to the Convention shall also be
required.
This Convention shall be open for signature and ratification by or
adherence of any member state of the Organization of American States.
Ratification of or adherence to this Convention shall be made by the
deposit of an instrument of ratification or adherence with the General
Secretariat of the Organization of American States. As soon as eleven states
have deposited their instruments of ratification or adherence, the Convention
shall enter into force. With respect to any state that ratifies or adheres
thereafter, the Convention shall enter into force on the date of the deposit of
its instrument of ratification or adherence.
The Secretary General shall inform all member states of the Organization
of the entry into force of the Convention.
Article 75
This Convention shall be subject to reservations only in conformity with the
provisions of the Vienna Convention on the Law of Treaties signed on May 23,
1969.
Article 76
Proposals to amend this Convention may be submitted to the General
Assembly for the action it deems appropriate by any State Party directly, and by
the Commission or the Court through the Secretary General.
Amendments shall enter into force for the States ratifying them on the
date when two-thirds of the States Parties to this Convention have deposited
their respective instruments of ratification. With respect to the other States
Parties, the amendments shall enter into force on the dates on which they
deposit their respective instruments of ratification.
Article 77
In accordance with Article 31, any State Party and the Commission may
submit proposed protocols to this Convention for consideration by the States
Parties at the General Assembly with a view to gradually including other rights
and freedoms within its system of protection.
Each protocol shall determine the manner of its entry into force and shall
be applied only among the States Parties to it.
Article 78
The States Parties may denounce this Convention at the expiration of a
five-year period from the date of its entry into force and by means of notice
given one year in advance. Notice of the denunciation shall be addressed to the
Secretary General of the Organization, who shall inform the other States
Parties.
Such a denunciation shall not have the effect of releasing the State Party
concerned from the obligations contained in this Convention with respect to any
act that may constitute a violation of those obligations and that has been taken
by that state prior to the effective date of denunciation.
Upon the entry into force of this Convention, the Secretary General shall, in
writing, request each member state of the Organization to present, within ninety
days, its candidates for membership on the Inter-American Commission on Human
Rights. The Secretary General shall prepare a list in alphabetical order of the
candidates presented, and transmit it to the member states of the Organization
at least thirty days prior to the next session of the General Assembly.
Article 80
The members of the Commission shall be elected by secret ballot of the
General Assembly from the list of candidates referred to in Article 79. The
candidates who obtain the largest number of votes and an absolute majority of
the votes of the representatives of the member states shall be declared elected.
Should it become necessary to have several ballots in order to elect all the
members of the Commission, the candidates who receive the smallest number of
votes shall be eliminated successively, in the manner determined by the General
Assembly.
Upon the entry into force of this Convention, the Secretary General shall, in
writing, request each State Party to present, within ninety days, its candidates
for membership on the Inter-American Court of Human Rights. The Secretary
General shall prepare a list in alphabetical order of the candidates presented
and transmit it to the States Parties at least thirty days prior to the next
session of the General Assembly.
Article 82
The judges of the Court shall be elected from the list of candidates referred
to in Article 81, by secret ballot of the States Parties to the Convention in
the General Assembly. The candidates who obtain the largest number of votes and
an absolute majority of the votes of the representatives of the States Parties
shall be declared elected. Should it become necessary to have several ballots in
order to elect all the judges of the Court, the candidates who receive the
smallest number of votes shall be eliminated successively, in the manner
determined by the States Parties.
