Inter-American Human Rights Framework

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The Inter-American human rights framework refers to the system of protection and promotion of human rights established within the context of the Organization of American States (OAS), a regional organization that includes all 35 independent states in the Americas. The framework is primarily based on the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights, both of which are important legal instruments in the region.

  1. American Declaration of the Rights and Duties of Man: Adopted in 1948, the American Declaration is a non-binding document that sets out a broad range of civil, political, economic, social, and cultural rights recognized in the Americas. While it does not have the same legally binding force as a treaty, it serves as an important moral and political commitment by OAS member states to uphold human rights standards.
  2. American Convention on Human Rights: Also known as the Pact of San Jose, the American Convention is a legally binding treaty that entered into force in 1978. It establishes the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights as the principal bodies responsible for the interpretation and application of the Convention. The Convention protects a wide range of human rights, including the right to life, liberty, and security of person, the right to a fair trial, freedom of expression, and the rights of indigenous peoples, among others.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the OAS responsible for promoting and protecting human rights in the region. It receives and investigates individual complaints of human rights violations, conducts on-site visits to OAS member states, publishes reports, and provides recommendations to member states on human rights issues.

The Inter-American Court of Human Rights is the judicial body that hears cases related to alleged human rights violations under the American Convention on Human Rights. It issues judgments on cases brought before it and provides authoritative interpretations of the Convention.

Both the Commission and the Court play crucial roles in monitoring the human rights situation in the Americas, holding states accountable for violations, and promoting compliance with human rights standards.

It is important to note that while most OAS member states have ratified the American Convention on Human Rights, not all member states have accepted the jurisdiction of the Inter-American Court of Human Rights or recognized the binding nature of its judgments. However, all member states recognize the authority of the Inter-American Commission on Human Rights.

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