BASIC
DOCUMENTS PERTAINING TO HUMAN RIGHTS
IN THE INTER-AMERICAN
SYSTEM

INTRODUCTION

The leading international instruments of the Inter-American system for the
protection of human rights are compiled in this publication. The objective
of this compilation is to serve as a guide for users of the system. It
includes the various declarations, conventions, and protocols that spell
out the mandate and functions of the organs of the system -the
Inter-American Commission on Human Rights (hereinafter “the IACHR”, “the
Commission” or “the Inter-American Commission”) and the Inter-American
Court of Human Rights (hereinafter “the I/A CourtHR”, “the Court” or “the
Inter-American Court”), as well as the obligations of the Member States of
the Organization of American States (hereinafter “the OAS” or “the
Organization”) in the field of human rights.

The Basic
Documents include the American Declaration of the Rights and Duties of
Man (hereinafter “the American Declaration”) and the American Convention
on Human Rights (hereinafter “the American Convention”). These are
followed by the inter-American convention against torture, the additional
protocols to the American Convention on economic, social and cultural
rights and on the death penalty, the inter-American conventions on
violence against women, forced disappearance of persons and discrimination
against persons with disabilities; as well as a list of the OAS States
that are signatories to those treaties, and the current status of such
ratifications. Also included are the OAS Charter and the Inter-American
Democratic Charter; as well as the Declaration of Principles on Freedom of
Expression, and Principles and Best Practices on the Protection of Persons
Deprived of Liberty in the Americas. The Statutes and Rules of Procedure
of the Inter-American Commission and Court are also included. Finally, the
form for filing petitions alleging human rights violations before the
Commission is attached. This edition of Basic Documents has been
updated as of June 30, 2010.

This introduction to
the basic documents presents information on the historical background and
evolution of the regional system for the protection and promotion of human
rights; a brief explanation of the leading inter-American principles in
this area; and an outline that describes the establishment and evolution
of the Commission and the Court, as well as an explanation of the
functions and composition of those organs.

I.       THE OAS AND THE EVOLUTION
OF THE INTER-AMERICAN HUMAN

RIGHTS SYSTEM

The OAS is an
international organization created by the States of the Americas[1] to achieve a
regional order of peace and justice, promote solidarity, and defend their
sovereignty, territorial integrity, and independence (Article 1 of the OAS
Charter).[2]

Since the creation
of the OAS, the States of the Americas have adopted a series of
international instruments that have become the normative basis of the
regional system for the promotion and protection of human rights, through
the recognition of these rights, the establishment of obligations aimed at
their promotion and protection, and the creation of organs to oversee
their observance.

The current system formally started with the adoption of the American
Declaration of the Rights and Duties of Man at the Ninth International
Conference of American States, held in Bogotá in 1948, during which the
Charter of the OAS (hereinafter “the Charter”) was adopted, promoting the
"fundamental rights of the individual" as one of the principles on which
the Organization is founded.[3]

The Charter was amended in 1967 at the Third Special Inter-American
Conference held in Buenos Aires and in 1985 by means of the "Protocol of
Cartagena de Indias", signed during the 14th special session of
the Organization’s General Assembly. The Protocol of Washington (1992)
made additional changes and established that one of the fundamental
purposes of the OAS is to promote, through cooperative action, the
economic, social and cultural development of the Member States and to help
eradicate extreme poverty in the hemisphere.

Full respect for
human rights is enshrined in various sections of the Charter, reaffirming
the importance that the Member States attribute to it. Accordingly, the
Charter emphasizes that "the true significance of American solidarity and
good neighborliness can only mean the consolidation on this continent,
within the framework of democratic institutions, of a system of individual
liberty and social justice based on respect for the essential rights of
man." The Charter establishes that the IACHR is a principal organ of the
OAS, whose function is to promote the observance and protection of human
rights and to serve as a consultative organ of the OAS in human rights
matters.

II.        THE
REGIONAL INSTRUMENTS FOR THE PROTECTION AND PROMOTION OF HUMAN RIGHTS

The American
Declaration of the Rights and Duties of Man

Adoption: May 2,
1948

The American Declaration is the first general international human rights
instrument. Approximately eight months following its adoption, the United
Nations adopted the Universal Declaration of Human Rights. The American
Declaration establishes that "the essential rights of man are not derived
from the fact that he is a national of a certain state, but are based upon
attributes of his human personality."  Accordingly, the States of the
Americas recognize that when the state legislates in this area, it does
not create or grant rights, but rather recognizes rights that exist
independent of the formation of the State. Both the Commission and the
Court have established that despite having been adopted as a declaration
and not as a treaty, today the American Declaration constitutes a source
of international obligations for the Member States of the OAS.[4]

The American
Convention on Human Rights (“Pact of San José, Costa Rica”)

Adoption:
November 22, 1969. Entry into force: July 18, 1978

The beginnings of
the American Convention go back to the Inter-American Conference held in
Mexico in 1945, which entrusted the Inter-American Juridical Committee
with preparing a draft declaration. That idea was taken up anew at the
Fifth Meeting of Ministers of Foreign Affairs that met in Santiago, Chile,
in August 1959, in which it was decided to promote the drafting of a human
rights convention. The original draft Convention was prepared by the
Inter-American Council of Jurists, submitted to the Permanent Council of
the OAS, and opened up for comments by the States and the Inter-American
Commission. In 1967 the Commission submitted a new draft Convention.
In order to analyze the various drafts, the OAS convened an Inter-American
Specialized Conference on Human Rights, which met in San José, Costa Rica
from November 7 to 22, 1969.  The entry into force of the American
Convention in 1978 enhanced the effectiveness of the Commission,
established an Inter-American Court of Human Rights, and modified the
legal nature of the instruments on which the institutional structure is
based.

In its first part, the American Convention establishes States’ obligations
and enunciates the human rights protected thereof. In its second part, the
American Convention establishes the means of protection: the IACHR and the
I/ACourtHR, which it declares to be organs competent "with respect to
matters relating to the fulfillment of the commitments made by the States
Parties to this Convention.” As of June 30 2010, 24 Member States of the
OAS are parties to the American Convention.[5]

The
Inter-American Convention to Prevent and Punish Torture

Adoption:
December 9, 1985. Entry into force: February 28, 1987

In 1985, in the context of the General Assembly where amendments to the
Charter of the OAS were adopted in the Protocol of Cartagena de Indias,
the Member States adopted and opened for signature the Inter-American
Convention to Prevent and Punish Torture. This Convention includes a
detailed definition of torture and of the liability for committing this
crime. The States parties not only undertake to punish severely the
perpetrators of torture, they also agree to adopt measures to prevent and
punish any other cruel, inhuman, or degrading treatment within their
respective jurisdictions.  According to the terms of this treaty,
persons accused of torture cannot elude the action of justice by fleeing
to the territory of another State party.

The Additional
Protocol to the American Convention on Human Rights in the area of
Economic, Social and Cultural Rights (Protocol of San
Salvador)

Adoption:
November 17, 1988. Entry into force: November 16, 1999

Article 77 of the
American Convention provides for the adoption of protocols with a view to
gradually including other rights and freedoms within its system of
protection. The Protocol of San Salvador is the additional instrument to
the American Convention specifically addressing economic, social and
cultural rights. The text of the Protocol is based on a draft prepared by
the IACHR.

On ratifying this Protocol, the States parties "undertake to adopt the
necessary measures … to the extent allowed by their available resources,
and taking into account their degree of development, for the purpose of
achieving progressively and pursuant to their internal legislations, the
full observance of the rights recognized in this Protocol.”  Article
19 of this Protocol establishes the means of protection, including the
possibility of filing individual petitions for alleged violations of
Articles 8(a) and 13 regarding trade union rights and the right to
education, respectively.

The Protocol to
the American Convention on Human Rights to Abolish the Death
Penalty

Adoption: June 8,
1990. Entry into force: August 28, 1991

The concerted efforts to include the absolute abolition of the death
penalty in the American Convention were not successful in the context of
its adoption in 1969.  The Protocol to the American Convention on
Human Rights to Abolish the Death Penalty was approved at the
20th regular period of sessions of the OAS General Assembly.
Once ratified by State parties to the American Convention, this Protocol
will ensure the abolition of the death penalty throughout the hemisphere.

The
Inter-American Convention on the Prevention, Punishment and Eradication of
Violence against Women (“Convention of Belém do Pará”)

Adoption: June 9,
1994. Entry into force: March 5, 1995

The OAS General Assembly adopted this treaty at its 24th
regular period of sessions in Belém do Pará, Brazil. This instrument
defines in detail the forms of 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, in addition to all the human rights enshrined by the
regional and international instruments. Furthermore, the Belém do Pará
Convention establishes that the right of women to be free from violence
includes, among others, their right to be free from all forms of
discrimination. The State parties to this instrument agree to condemn all
forms of violence against women and to investigate, prosecute, and punish
such acts of violence with due diligence; accordingly they must both adopt
policies and take specific measures aimed at preventing, punishing, and
eradicating such violence against women.

The
Inter-American Convention on Forced Disappearance of
Persons

Adoption: June 9,
1994. Entry into force: March 28, 1996

During its 24th regular session held in Belém do Pará, Brazil,
the General Assembly of the OAS approved this convention. This instrument
is the first internationally to refer specifically to this complex form of
human rights violation.  In this treaty the States parties undertake
not only to refrain from practicing, allowing, or tolerating forced
disappearance, but also to punish the perpetrators, accomplices, and
accessories of this crime in their respective jurisdictions. The States
undertake 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. This treaty also
includes the crime of forced disappearance among those that justify
extradition, so as to keep persons accused of this crime from evading the
action of the judicial authorities by fleeing to the territory of another
State party.  It also recognizes the authority of the Commission to
adopt precautionary measures in cases of forced disappearance.

The
Inter-American Convention on the Elimination of All Forms of
Discrimination
against Persons with Disabilities

Adoption: June 7,
1999. Entry into force: September 14, 2001

At its 29th regular session held in Guatemala City, the OAS
General Assembly adopted this treaty. The objectives of this instrument
are to prevent and to eliminate all forms of discrimination against
persons with disabilities, as well as to foster the full integration of
these persons to society.  A Committee for the Elimination of all
Forms of Discrimination against Persons with Disabilities, made up of one
representative designated by each State party, is to be established to
monitor compliance with the commitments acquired under this
Convention.

The
Inter-American Democratic Charter

Adoption:
September 11, 2001

This Charter, approved by a special session of the OAS General Assembly,
reaffirms that the promotion and protection of human rights is a basic
prerequisite for the existence of a democratic society, and that democracy
is indispensable for the effective exercise of fundamental freedoms and
human rights, which are universal, indivisible and interdependent. The
Inter-American Democratic Charter establishes in its Article 8 that any
person who considers that his or her human rights have been violated may
lodge a complaint or petition before the inter-American system for the
protection and promotion of human rights.

The Declaration
of Principles on Freedom of Expression

Adopted by the
IACHR at its 108th Regular Period of Sessions, held on October
2 – 20, 2000

After an extensive debate with various civil society
organizations, the Commission adopted this declaration, based on a
proposal prepared for by the then newly established Special Rapporteurship
on Freedom of Expression. This Declaration includes principles related to
the protection of the right to freedom of expression, in light of the
interpretation of Article 13 of the American Convention and international
standards. It includes the following principles: the right to seek,
receive, and disseminate information and opinions freely; the right of
every person to have access to information about himself or herself, or
his or her assets, expeditiously and not onerously, whether in public or
private records; the stipulation that prior censorship, interference, or
direct or indirect pressure that restricts the right to freedom of
expression should be prohibited by law; principles related to the
plurality and diversity of media; among others.

Principles and
Best Practices on the Protection of Persons Deprived of Liberty in the
Americas

Adopted by the
IACHR at its 131th Regular Period of Sessions, held on March 3 – 14,
2008

This document establishes a series of principles concerning persons
subject to a regime of “deprivation of liberty.” According to this
instrument “deprivation of liberty” is “[a]ny form of detention,
imprisonment, institutionalization, or custody of a person in a public or
private institution which that person is not permitted to leave at will,
by order of or under de facto control of a judicial, administrative
or any other authority for reasons of humanitarian assistance, treatment,
guardianship, protection, or because of crimes or legal offenses.”
Accordingly, the definition encompasses not only those deprived of their
liberty because of crimes or infringements or non compliance with the law,
but also those persons who are under the custody and supervision of other
institutions, where their freedom to leave at will is restricted. Among
the principles indicated in this instrument are those general principles
(humane treatment, equality and non-discrimination, due process of law,
among others), those related to the conditions of detention of persons
deprived of liberty (health, food, drinking water, accommodation, hygienic
conditions and clothing, measures against overcrowding, contact with the
outside world, work, and education, among others), and, finally, the
principles related to the systems of deprivation of liberty.

III.
THE ORGANS OF THE INTER-AMERICAN HUMAN RIGHTS SYSTEM

A.
The Inter-American Commission on Human Rights

1.
Background and evolution

The Fifth Meeting of
Consultation of the Ministers of Foreign Affairs, held in Santiago, Chile
in 1959, adopted important resolutions regarding the development and
strengthening of the inter-American human rights system. The Declaration
of Santiago proclaims: “Harmony among the American republics can be
effective only insofar as human rights and fundamental freedoms and the
exercise of representative democracy are a reality within each one of
them." It then adds that the "governments of the American States should
maintain a system of freedom for the individual and of social justice
based on respect for fundamental human rights."[6]

One resolution adopted at this Fifth Meeting of Consultation of Ministers
of Foreign Affairs referred to human rights, stating that given the
progress achieved in the area of human rights in the 11 years since the
proclamation of the American Declaration and the progress, in tandem, at
the United Nations and the Council of Europe, “the climate in this
hemisphere is favorable to the conclusion of a convention.”  In
addition, this resolution takes into account that several OAS instruments
have enshrined and repeated that liberty, justice, and peace are based on
the equal and inalienable rights of the human person. This resolution
considers it essential that "such rights be protected by a juridical
system, so that men will not be driven to the extreme expedient of revolt
against tyranny and oppression."  With that purpose in mind, said
resolution entrusted the Inter-American Council of Jurists to prepare a
"draft Convention on Human Rights … [and] a draft convention or draft
conventions on the creation of an Inter-American Court for the Protection
of Human Rights and of other organizations appropriate for the protection
and observance of those rights."[7]

In said resolution, the Fifth Meeting of Consultation of the Ministers of
Foreign Affairs held in 1959, resolved:

To create an
Inter-American Commission on Human Rights, composed of seven members
elected, as individuals, by the Council of the Organization of American
States from panels of three names presented by the governments.  The
Commission, which shall be organized by the Council of the Organization
and have the specific functions that the Council assigns to it, shall be
charged with furthering respect for such rights.

The Council of the OAS approved the Commission’s Statute on May 25, 1960,
and elected its first members on June 29, 1960. In 1961 the IACHR began to
make visits to several countries to observe the human rights situation
in situ. In January 1962, during the Eighth Meeting of Consultation,
held in Punta del Este, Uruguay, the Ministers of Foreign Affairs
considered that "notwithstanding the noble and persevering effort carried
on by that Commission in the exercise of its mandate, the inadequacy of
the faculties and attributions conferred upon it by its Statute" had made
it difficult for the Commission to fulfill its assigned mission. For this
reason, on that occasion, the ministers of foreign affairs recommended to
the Council of the OAS that it amend the IACHR’s Statute to expand and
strengthen its powers and authority to enable it to effectively perform
the task of promoting human rights in the hemisphere.[8]

The Commission was governed by its original Statute until November 1965,
when the Second Special Inter-American Conference, held in Rio de Janeiro,
Brazil, resolved to modify it, finally expanding the functions and powers
of the Commission, in the following terms:

Resolution XXII

Expanded Functions
of the Inter-American Commission on Human Rights

The Second Special
Inter-American Conference,

RESOLVES:

(…)

3.
To authorize the Commission to examine communications submitted to it and
any other available information, to address to the government of any
American State a request for information deemed pertinent by the
Commission, and to make recommendations, when it deems this appropriate,
with the objective of bringing about more effective observance of
fundamental human rights.

4.
To request the Commission to submit a report annually to the
Inter-American Conference or Meeting of Consultation of Ministers of
Foreign Affairs. This report should include a statement of progress
achieved in realization of the goals set forth in the American
Declaration, a statement of areas in which further steps are needed to
give effect to the human rights set forth in the American Declaration, and
such observations as the Commission may deem appropriate on matters
covered in the communications submitted to it and in other information
available to the Commission.[9]

In keeping with what was resolved by the States at that conference, the
Commission amended its Statute during its period of sessions held in April
1966. The main modification was the attribution of the power to examine
individual petitions, and, in that framework, to make specific
recommendation to Member States.[10]

The IACHR was established as a principal organ of the OAS with the first
reform of the OAS Charter, with the adoption of the Protocol of Buenos
Aires, signed in 1967. The OAS Charter indicates that pending the entry
into force of the American Convention on Human Rights, the IACHR was
assigned the function of overseeing observance of such rights (Article
145). The reform of the OAS Charter, which entered into force in 1970,
establishes in its Article 106 that:

There shall be an
Inter-American Commission on Human Rights, whose principal function shall
be to promote the observance and protection of human rights and to serve
as a consultative organ of the Organization in these matters.

An inter-American
convention on human rights shall determine the structure, competence, and
procedure of this Commission, as well as those of other organs responsible
for these matters.

The Statute that
currently governs the Commission was approved at the ninth regular session
of the OAS General Assembly (La Paz, Bolivia, 1979).  The Statute
reflects the major innovations introduced by the American Convention in
relation to the Commission. Accordingly, it is the Inter-American
Commission –and not the Commissioners–that represents all OAS Member
States. The institutional hierarchy of its members corresponds currently
to that accorded to the Commission (Article 53 of the Charter).  The
seven members who make up the Commission are elected by the General
Assembly for a period of four years (Article 3) and not by the Council of
the Organization, as was provided for in the previous Statute. The
function of filling any vacancies that could potentially arise vests,
according to Article 11, in the Permanent Council of the OAS.

2.
Composition of the IACHR

The IACHR is
comprised of seven persons, elected in their personal capacity by the
General Assembly of the Organization, who shall be persons of high moral
character and recognized competence in the field of human rights. They are
elected for a four-year term, and may be reelected only once. The board of
officers of the Commission is comprised of a President, a First Vice
President, and a Second Vice President, elected for a period of one year,
and who may be re-elected to their respective positions only once during
each four-year term.

3.
Functions of the IACHR

The IACHR has the
principal function of promoting the observance and defense of human rights
in the Americas. Articles 18, 19, and 20 of the IACHR’s Statute establish
the Commission’s functions and powers, clearly distinguishing the
Commission’s powers with respect to the States party to the American
Convention from those that refer to the Member States of the Organization
not parties thereof. With respect to the latter, the Commission’s
competence is based on the provisions of the OAS Charter and the practice
of the IACHR. The Commission’s competence in relation to the States
parties to the American Convention is established in said treaty.

In fulfilling its
mandate, the Commission:

a)  Receives, analyzes, and
investigates individual petitions that allege violations of human rights,
with respect to both the Member States of the OAS that have ratified the
American Convention, and those Member States that have not ratified it.[11]

b)  Observes the general
situation of human rights in the Member States and publishes special
reports on the situation in a given Member State when it considers it
appropriate.

c)  Makes on-site visits to
Member States to conduct an in-depth analysis of the general situation
and/or to investigate a specific situation.  In general, these visits
give rise to the preparation of a report on the human rights situation
observed, which is published and presented to the Permanent Council and
General Assembly of the OAS.

d)  Fosters public awareness
of human rights in the Americas. To that end, the Commission prepares and
publishes reports on specific topics, such as the measures that should be
adopted to guarantee greater access to justice; the effects of internal
armed conflicts on certain groups; the human rights situation of children,
women, migrant workers and their families, persons deprived of liberty,
human rights defenders, indigenous peoples, Afro descendants; on freedom
of expression; citizen security and terrorism and their link with human
rights, among others.

e)  Organizes and carries out
visits, conferences, seminars, and meetings with representatives of
governments, academic institutions, non-governmental organizations, and
others for the purpose of disseminating information and fostering broader
knowledge of the work of the inter-American human rights system.

f)   Recommends to the Member
States of the OAS the adoption of measures that contribute to protecting
human rights in the countries of the hemisphere.

g)  Asks the Member States to
adopt “precautionary measures,” as provided by Article 25 of its Rules of
Procedure, to prevent irreparable harm of human rights in grave and urgent
cases. In addition, pursuant to Article 63(2) of the American Convention,
it may ask the Inter-American Court to order the adoption of “provisional
measures” in extreme grave and urgent cases to prevent irreparable harm to
persons even if the case has not yet been presented to the Court.

h)  Submits cases to the
Inter-American Court and appears before it during the processing and
consideration of cases.

i)   Requests advisory opinions
to the Inter-American Court, in keeping with Article 64 of the American
Convention.

j)   Receives and examines
communications in which one State party alleges that another State party
has committed human rights violations recognized in the American
Convention, as per Article 45 thereof.

The Commission’s Executive Secretariat provides legal and administrative
support to assist the Commission to perform its functions. According to
Article 13 of the Commission’s Rules of Procedure, the Executive
Secretariat prepares the draft reports, resolutions, studies, and other
work entrusted to it by the Commission or the President.  In
addition, the Executive Secretariat receives and processes the
correspondence and the petitions and communications addressed to the
Commission.

4.
The Rules of Procedure of the IACHR

Both the American Convention and the Statute of the IACHR authorize it to
adopt its own Rules of Procedure. The Inter-American Commission adopted
the current Rules of Procedure, which came into force on December 31,
2009, during its 137th regular session, held from October 28 to
November 13, 2009. The current Rules of Procedure include 80 articles
under four titles.

Title I of the Rules
of Procedure makes reference to the organization of the IACHR and has five
chapters that contain the provisions on the nature and composition of the
Commission, its members, the board of officers, the Executive Secretariat,
and the functioning of the IACHR. Title II has six chapters, which
establish the general provisions applicable to the procedure before the
Commission; petitions regarding States parties to the American Convention;
petitions regarding States that are not parties to the American
Convention; on-site visits conducted by the Commission; the annual report
and other reports; and the holding of hearings on petitions or cases as
well as hearings of a general nature. Title III of the Rules of Procedure
addresses the relationship of the Commission with the Inter-American
Court.  Chapter I defines matters relating to delegates, advisers,
witnesses, and experts, while Chapter II regulates the procedure to be
followed when the IACHR decides to bring a case before the Court, in
keeping with Article 61 of the American Convention. Finally, Title IV sets
forth the final provisions regarding interpretation of the Rules of
Procedure, their amendment, and their entry into force.

As regards the approval of the latest Rules of Procedure, and the major
changes that have been made, that IACHR noted that:

The central
objective of these reforms is to further strengthen the Inter-American
system through the enhancement of: participation by victims, guarantees to
harmonize procedural participation of the parties and enhance the
publicity and transparency of the system, as well as the adoption of other
necessary adjustments after the 2001 reform. These modifications involve
four essential components of the system for the protection of human
rights: the mechanism of 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.[12]

The recent reform to
the procedural rules is complemented by the reforms to the Rules of
Procedure of the Court, which entered into force on January 1, 2010, as
well as by the resolution of the OAS Permanent Council which adopted the
Rules of Procedure for the operation of the Legal Assistance Fund of the
inter-American human rights system. The purpose of this Fund is to offer
financial support to the victims of human rights violations in the region
to help defray the costs related to bringing petitions and cases before
the Inter-American Commission and Court.[13]

B.
The Inter-American Court of Human Rights

1.
Antecedents and evolution

At the Ninth International Conference of American States (Bogotá,
Colombia, 1948) the States adopted Resolution XXXI entitled
"Inter-American Court to Protect the Rights of Man,” in which it was
considered that the protection of such rights should “be guaranteed by a
juridical organ, inasmuch as no right is genuinely assured unless it is
safeguarded by a competent court." The Fifth Meeting of Consultation of
Ministers of Foreign Affairs (1959), which, as noted above, established
the IACHR, in the first part of the resolution concerning “Human Rights,”
charged the Inter-American Council of Jurists with the task of drawing up
a draft document outlining the establishment of an “Inter-American Court
of Human Rights” and others organs for the protection and observance of
those rights.[14] Finally,
the American Convention on Human Rights established the Inter-American
Court of Human Rights in 1969; nonetheless, the court could not be
established and organized until the American Convention went into force.

The States parties
to the American Convention elected the first seven judges of the Court
during the seventh special session of the OAS General Assembly, held in
May 1979.  The Court was officially installed at its headquarters in
San José, Costa Rica, on September 3, 1979, and its Statute was approved
by the OAS General Assembly held in La Paz, Bolivia in October 1979, by
Resolution No. 448.  In the course of its third session, held from
July 30 to August 9, 1980, the Court completed the work on the
Headquarters Agreement reached with Costa Rica.  That agreement,
ratified by the Government of Costa Rica, stipulates the immunities and
privileges of the Court, its judges and staff, as well as the persons who
appear before it.

2.
Composition of the Court

The Inter-American Court consists of seven judges, elected
in their 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 under the law of the State of which they are nationals
or of the State that proposes them as candidates. The judges of the Court
are elected for a six-year term and may be reelected only once. The Court
elects from among its members a President and Vice-President who shall
serve for a period of two years, and who may be reelected.

3.
Functions of the Court

According to Article
1 of its Statute, the Court is an autonomous judicial institution whose
objective is to apply and interpret the American Convention. To attain
this objective, the Court has two functions: a judicial function, governed
by Articles 61, 62, and 63 of the American Convention, and an advisory
function, governed by Article 64 thereof. With respect to the judicial
function, only the Commission and the States parties to the American
Convention that have recognized the jurisdiction of the Court are
authorized to submit a case regarding the interpretation or application of
the American Convention for its decision, on condition that the procedure
before the Commission has been exhausted, which is provided for at
Articles 48 to 50 of that instrument.  In order for a case to be
brought before the Court against a State party, the party must recognize
the Court’s jurisdiction. The declaration of recognition of the
jurisdiction of the Court can be unconditional for all cases, or, on
condition of reciprocity, for a given period or a specific case. As of
June 30, 2010, 21 States party to the American Convention have recognized
the Court’s contentious jurisdiction.[15]

As regards the advisory function of the Court, the American Convention
provides in Article 64 that any Member State of the Organization may
consult the Court regarding the interpretation of the American Convention
or other treaties concerning the protection of human rights in the
American States. This right of consultation extends, in respect of the
matters that fall under their competence, to the organs listed in Article
53 of the OAS Charter.  The Court may also, at the request of any
Member State of the Organization, issue an opinion concerning any of their
domestic laws and the treaties concerning the protection of human rights
in the American States, in keeping with Article 64 of the American
Convention.

4.
The Rules of Procedure of the Court

The Inter-American Court adopted its first Rules of Procedure in July
1980.  These rules were based on the then Rules of Procedure of the
European Court of Human Rights, which in turn were inspired by the Rules
of Procedure of the International Court of Justice (ICJ).  Given the
need to expedite its procedure, the Court approved its second Rules of
Procedure in 1991, which entered into force on August 1, 1991.  Five
years later, on September 16, 1996, the Court adopted its third Rules of
Procedure, which came into force on January 1, 1997.  The main
modification is set forth in then-Article 23, which granted the
representatives of the victims or their next-of-kin to present,
autonomously, their own arguments and evidence in the reparations phase.
That reform, which came into force on June 1, 2001, introduced a series of
measures aimed at granting direct participation to the alleged victims,
their next-of-kin or duly accredited representatives in all stages of the
proceeding before the Tribunal. These Rules of Procedure were subsequently
amended by the Tribunal on November 24, 2003 at its 61st
regular period of sessions, held from November 20 to December 4, 2003, and
at its 82nd regular period of sessions, held from January 19 to
31, 2009.

The most recent
reform of the Court’s Rules of Procedure, which entered into force on
January 1, 2010, were adopted during its 85th regular period of
sessions, held from November 16 to 28, 2009. The main aspects of this
reform are the modifications made in relation to the role of the
Commission and the victims’ representatives in the procedure before the
Court.[16] In its
transitory provisions, the Rules of Procedure of the Court provide that
(1) those contentious cases referred to the Court prior to January 1,
2010, will continue to be processed, up to the issuance of the judgment,
under the previous Rules of Procedure; (2) as regards those cases whose
report adopted by the Commission in keeping with Article 50 of the
American Convention was adopted prior to January 1, 2010, the referral of
the case to the Court is governed by Articles 33 and 34 of the previous
Rules of Procedure.

For
more information on the Inter-American Commission on Human rights or the
regional instruments for the protection and promotion of human rights,
please visit the website of the IACHR at http://www.cidh.org/.

[TABLE OF
CONTENTS]

[1] The Member States of the
OAS are Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize,
Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Dominica,
Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana,
Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint
Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname,
Trinidad and Tobago, United States, Uruguay, and Venezuela.

[2] The OAS is a regional
organization as per Article 52 of the United Nations Charter, and in
keeping with Article 53 of its
Charter, it performs functions through the following organs: the General
Assembly, the Meeting of Consultation of Ministers of Foreign Affairs, the
Permanent Council, the Inter-American Council for Integral Development,
the Inter-American Juridical Committee, the Inter-American Commission on
Human Rights, the General Secretariat, the Inter-American Specialized
Conferences, and the Inter-American Specialized Organizations. In order to
put into practice the principles on which it is founded and to fulfill its
regional obligations under the Charter of the United Nations, the OAS has
established the following as its essential purposes: (a) to
strengthen the peace and security of the continent; (b) to promote and
consolidate representative democracy, with due respect for the principle
of nonintervention; (c) to prevent possible causes of difficulties and to
ensure the pacific settlement of disputes that may arise among the member
States; (d) to provide for common action on the part of those States in
the event of aggression; (e) to seek the solution of political, juridical,
and economic problems that may arise among them; (f) to promote, by
cooperative action, their economic, social, and cultural development; (g)
to eradicate extreme poverty, which constitutes an obstacle to full
democratic development; and (h) to achieve an effective limitation of
conventional weapons that will make it possible to devote the largest
amount of resources to the economic and social development of the Member
States (Article 2 of the Charter).

[3] In addition, several resolutions on human
rights were adopted, among them some on the civil and political rights of
women and the economic status of working women. In addition, the
“Inter-American Charter of Social Guarantees” was adopted; in it the
governments of the Americas proclaim “the fundamental principles that must
protect workers of all kinds” and that constitute “the minimum rights
workers must enjoy in the American states, without prejudice to the fact
that the laws of each state may extend such rights or recognize others
that are more favorable,” since “the state attains its goals not only by
recognizing the rights of citizens alone, but also by concerning itself
with the fortunes of men and women, considered not only as citizens but
also as human beings," and consequently must guarantee at the same time
"respect for political and spiritual freedoms, together with the
realization of the postulates of social justice." See the texts of both
conventions in International Conferences of American States, Second
Supplement, 1945-1954, Washington, D.C., Pan American Union, 1956, pp.
172, 173, 192, 195-203.

[4] See IACHR, Resolution No.
3/87, Case 9647, James Terry Roach and Jay Pinkerton (United States),
Annual Report 1986-1987, September 22, 1987, paras. 46-49; IACHR,
Report No. 51/01, Case 9903, Rafael Ferrer-Mazorra (United States),
Annual Report 2000, April 4, 2001; I/A Court H.R.,
Interpretation of the American Declaration of the Rights and Duties of
Man Within the Framework of Article 64 of the American Convention on Human
Rights. Advisory Opinion OC-10/89, July 14, 1989. Series A No. 10,
paras. 35-45. See also Article 20 of the Statute of the IACHR.

[5] As of June 30, 2010, the 24
member States of the OAS that have ratified the American Convention are:
Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica,
Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala,
Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru,
Suriname, Uruguay, and Venezuela. To check the current status of
ratifications of the American Convention, see the website of the IACHR, http://www.cidh.org/.

[6] See the complete text of
the Declaration of Santiago, Chile, adopted on occasion of the Fifth
Meeting of Consultation of Ministers of Foreign Affairs, Santiago, Chile, August 12 to 18, 1959,
Final Act, Doc. OEA/Ser.C/II.5, pp. 4-6; available at http://www.oas.org/consejo/MEETINGS%20OF%20CONSULTATION/minutes.asp.

[7] Id., pp. 10-11.

[8] See the complete text of
the Final Act of the Eighth Meeting of Consultation of Ministers of
Foreign Affairs, Punta del Este,
Uruguay, January 22 to 31, 1962, Doc. OEA/Ser.C/II.8, pp. 16-17; available
at: http://www.oas.org/consejo/MEETINGS%20OF%20CONSULTATION/minutes.asp.

[9] See transcription of
Resolution XXII, “Expanded Functions of the Inter-American Commission on
Human Rights,” adopted by the Second Special Inter-American Conference,
Rio de Janeiro, Brazil, 1965, at IACHR, Annual Report 1976,
OEA/Ser.L/VII.40, doc. 5 corr.1, March 10, 1977, first section, available
at: http://www.cidh.org/. See complete text in
the Final Act of the Second Conference, Official Documents OEA/Ser.C/I.
13, 1965, pp. 33 – 35.

[10] IACHR, Report on the Work
Accomplished during its Thirteenth Session, April 18 to 28, 1966,
OEA/Ser.L/V/II.14, doc. 35, June 30, 1966, pp. 26 - 27.

[11] With respect to the States
that have ratified the American Convention, the procedure for petitions
and individual cases is governed by the provisions of Articles 44 to 51 of
the American Convention, Article 19 of the Commission’s Statute, and
Articles 26 to 49 of its Rules of Procedure. With respect to those States
not party to the American Convention, the Commission examines the
international responsibility of OAS Member States based on the American
Declaration, and is authorized to do so by the OAS Charter. With respect
to these States, the procedure before the Commission is governed by
Articles 38 to 44, 47 to 49, 51 and 52 of its Rules of Procedure, and
Article 20 of its Statute.

[12] See IACHR, Press Release
No. 84/09, “CIDH publishes its new Rules of Procedure,” December 10, 2009,
available at http://www.cidh.org/ / Press &
Outreach Office section.

[13] See “Rules of Procedure for
the Operation of the Legal Assistance Fund of the Inter-American Human
Rights System”, OEA/Ser. G, CP/Res. 963 (1728/09), November 11, 2009,
available at http://www.oas.org/ (see the English
version at http://www.oas.org/consejo/resolutions/res963.asp).

[14] IACHR, Report on the Work
Accomplished during its Thirteenth Session, April 18 to 28, 1966),
OEA/Ser.L/V/II.14, doc. 35, June 30, 1966, pp. 26 - 27.

[15] As of June 30, 2010, the 21
States that have recognized the contentious jurisdiction of the Court are:
Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica,
Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras,
Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay, and
Venezuela. For an updated list of these States, see the IACHR website at
http://www.cidh.org/.

[16] See I/A Court H.R., “Statement of Motives for the
Reform of the Rules of Procedure,” 2009, available at http://www.corteidh.or.cr/.