Everything about The American Convention On Human Rights totally explained
The
American Convention on Human Rights (also known as the
Pact of San José) is an
international human rights instrument.
It was adopted by the nations of the
Americas meeting in
San José,
Costa Rica, in
1969. It came into force after the eleventh instrument of ratification (that of
Grenada) was deposited on
18 July 1978.
The bodies responsible for overseeing compliance with the Convention are the
Inter-American Commission on Human Rights and the
Inter-American Court of Human Rights, both of which are organs of the
Organization of American States (OAS).
Content and purpose
According to its preamble, the purpose of the Convention is "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."
Chapter I establishes the general obligation of the states parties to uphold the rights set forth in the Convention to all persons under their jurisdiction, and to adapt their domestic laws to bring them into line with the Convention. The 23 articles of Chapter II give a list of individual civil and political rights due to all persons, including the right to life "in general, from the moment of conception", to humane treatment, to a fair trial, to privacy, to freedom of conscience, freedom of assembly, freedom of movement, etc. The single article in Chapter III deals with economic, social, and cultural rights.
The somewhat cursory treatment given to this issue here was expanded some ten years later with the
Protocol of San Salvador (see below).
Chapter IV describes those circumstances in which certain rights can be temporarily suspended, such as during states of emergency, and the formalities to be followed for such suspension to be valid.
Chapter V, with a nod to the balance between rights and duties enshrined in the earlier
American Declaration of the Rights and Duties of Man, points out that individuals have responsibilities as well as rights.
Chapters VI, VII, VIII, and IX contain provisions for the creation and operation of the two bodies responsible for overseeing compliance with the Convention: the
Inter-American Commission, based in
Washington, D.C.,
United States, and the
Inter-American Court, headquartered in
San José,
Costa Rica.
Chapter X deals with mechanisms for ratifying the Convention, amending it or placing reservations in it, or denouncing it. Various transitory provisions are set forth in Chapter XI.
Additional Protocols
In the ensuing years, the states parties to the American Convention have supplemented its provisions with two additional protocols.
The first, the
Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (more commonly know as the "Protocol of San Salvador"), was opened for signature in the city of
San Salvador,
El Salvador, on
17 November 1988. It represented an attempt to take the inter-American human rights system to a higher level by enshrining its protection of so-called
second-generation rights in the economic, social, and cultural spheres. The protocol's provisions cover such areas as the right to work, the right to health, the right to food, and the right to education. It came into effect on
16 November 1999 and has been ratified by Argentina, Bolivia, Brazil, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Mexico, Panama, Paraguay, Peru, Suriname, and Uruguay.
The second, the
Protocol to the American Convention on Human Rights to Abolish the Death Penalty, was adopted at
Asunción,
Paraguay, on
8 June 1990.
While Article 4 of the American Convention had already placed severe restrictions on the states' ability to impose the death penalty – only applicable for the most serious crimes; no reinstatement once abolished; not to be used for political offenses or common crimes; not to be used against those aged under 18 or over 70, or against pregnant women – signing this protocol formalizes a state's solemn commitment to refrain from using capital punishment in any peacetime circumstance. To date it has been ratified by Brazil, Costa Rica, Ecuador, Nicaragua, Panama, Paraguay, Uruguay, and Venezuela.
Ratifications
At present, 24 of the 35 OAS's member states are parties to the Convention:
Trinidad and Tobago suspended its ratification on
26 May 1998 (effective
26 May 1999) over the
death penalty issue.
The treaty is open to all OAS member states, although to date it hasn't been ratified by
Canada or several of the
English-speaking Caribbean nations; the
United States signed it in 1977 but hasn't proceeded with ratification.
Canada did at one point seriously consider ratification, but has decided against it, despite being in principle in favour of such a treaty. The ACHR, having been largely drafted by the predominantly
Roman Catholic nations of Latin America, contains anti-abortion provisions, specifically, Article 4.1:
This conflicts with the
current legality of abortions in Canada. Although Canada could ratify the convention with a reservation with respect to abortion (as did
Mexico), that would contradict Canada's stated opposition to the making of reservations to human rights treaties. Another solution would be for the other states to remove the anti-abortion provisions, but that's unlikely to occur due to strong Catholic feeling in those countries.
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