Inglés D2

Luis Fernando Valor Zaragoza

Jorge Humberto Rocha López

Inter-American Court of Human Rights: IACHR

It is an autonomous judicial body of the Organization of
American States (OAS), which is based in San José, Costa
Rica. Its purpose is to apply and interpret the American
Convention on Human Rights and other human rights
treaties to which the so-called Inter-American Human
Rights System is subject.

It is one of the three regional courts for the protection of

human rights, together with the European Court of
Human Rights and the African Court of Human and
Peoples' Rights.

The official languages of the Inter-American Court are, as in the OAS, Spanish, French,
English and Portuguese.
COMPOSITION

Chapter II of the Statute of the Inter-

American Court establishes what is related to
its composition.

In accordance with Article 4, the Court is

made up of seven judges, from OAS member
countries, and without repeating nationality.
They are elected in a personal capacity, from
among jurists of the highest moral authority and recognized competence in the matter.
Likewise, Article 5 establishes that the terms of the judges are for periods of six years, with
the possibility of being re-elected only once.

FUNCTION

It knows the cases in which it is in dispute, that one of

the States parties has violated a right or freedom
protected by the American Convention on Human
Rights, being necessary that the procedures provided for
in Articles forty-eight to fifty of the Convention have
been exhausted.

Individuals, groups or entities that are not States do not have the capacity to present cases
before the Court, but they can appeal before the Inter-American Commission on Human
Rights. The Commission may bring a matter before the Court, provided that the State in
question has accepted its jurisdiction. In any case, the Commission must appear in all cases
before the Court.

The Inter-American Court exercises a jurisdictional function and an advisory function.

JURISDICTIONAL ROLE

It refers to the contentious function of this body. Only the States Parties and the IACHR can
submit cases to the Inter-American Court.

Before a case is resolved by the Inter-American Court, the procedures established in

Articles 48 to 50 of the Convention, relative to the IACHR, must first be exhausted. The
Commission is the one who receives the complaints of alleged violations of the rights
contained in the American Convention.
CONSULTATIVE FUNCTION

The American Convention attributed to the

Court the "most extensive advisory function
that has been entrusted to any international
court to date." All OAS member states may
request the advisory opinion of the Inter-
American Court, regardless of whether or
not the state has ratified the Pact of San José. All the principal organs of the OAS may also
request an advisory opinion from the Court.

PROVISIONAL MEASURES

In addition to these two functions, the Inter-

American Court also has the power to order
provisional measures in extremely serious
and urgent cases, in order to avoid
irreparable damage to the victims or
offended.

The three requirements:

1) extreme gravity,

2) urgency,

3) necessary to avoid irreparable damage to people, they have to be verified, so that these
measures are granted.