The Inter-American Human Rights System

Abstract

The Inter-American human rights system has several bodies dedicated to the promotion and protection of human rights (i.e., the Inter-American Children's Institute). The focus of this discussion is, however, on the following two independent organs of the Organization of American States (OAS) namely: The Inter-American Commission on Human Rights The Inter-American Court of Human Rights The Organization of American States (OAS). Before discussing the Inter-American Human Rights System, it is necessary to describe briefly the Organization of American States (OAS). The OAS was established in 1948 at the Ninth International Conference of American States in Bogota, Colombia. All 35 independent countries of the Americas have ratified the OAS Charter and belong to the OAS (though Cuba's government has been excluded from participation in the OAS since 1962 even though the State is still a member). Since then there have been amendments to the OAS Charter by way of the 1967 Protocol of Buenos Aires and the 1985 Protocol of Cartagena de India. The Ninth International Conference accepted the international instrument known as the American Declaration of the Rights and Duties of Man in 1948 which preceded the Universal Declaration of Human Rights by several months. The American Declaration of the Rights and Duties of Man (aside from the section dealing with duties) sets out various civil and political rights of the individual while that individual is under the jurisdiction of a member State of the OAS. These rights exist as per the Declaration irrespective of whether or not that individual is, or is not a national of the State in question at the time. While the Declaration was originally viewed by the OAS member States as a non-binding instrument, it is today regarded by the OAS as a legally binding international treaty for the OAS member States. A number of resolutions were taken at the Ninth International Conference which ultimately led to Conventions that extended certain further rights to various groups such as workers and women.