AMERICAN CONVENTION ON HUMAN RIGHTS

The American Convention on Human Rights is also known as the Pact of

San José and was adopted in 1969 by the OAS.

It is a multilateral treaty that establishes democratic institutions regarding

fundamental human rights for countries in the Western Hemisphere.

It came into force after the ratification by the eleventh state.

The treaty entered into force on July 18, 1978.

The Convention also established:

The Inter-American Commission on Human Rights and
The Inter-American Court of Human Rights.
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) are the bodies responsible for the implementation
of the convention.

GOAL:
To establish international guidelines on the role of the state parties in
protecting human rights.
History of the American Convention on Human Rights:

OAS adopted both its Charter and the American Declaration on the Rights
and Duties of Man.

The Declaration was the first international document listing universal

human rights.

The American declaration was unique as it included the duties also.

The Convention reinforced many of the principles described in the

American Declaration and came into force in 1978.
PREAMBLE:
Reaffirming their intention 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;

Recognizing that the essential rights of man are not derived from one's
being a national of a certain state, but are based upon attributes of the
human personality.

Considering that these principles have been set forth in the Charter of the
Organization of American States, in the American Declaration of the Rights
and Duties of Man, and in the Universal Declaration of Human Rights, and
that they have been reaffirmed and refined in other international
instruments, worldwide as well as regional in scope;
STRUCTURE:

3 PARTS
11 CHAPTERS
82 ARTICLES
PART 1: STATE OBLIGATION AND RIGHTS PROTECTED

CHAPTER 1: General obligations

CHAPTER 2: Civil and Political rights
CHAPTER 3: Economic, social and Cultural rights
CHAPTER 4: Suspension of Guarantees, interpretation
CHAPTER 5: Personal responsibilities
PART 2: MEANS OF PROTECTION

CHAPTER 6: Competent organs

CHAPTER 7: Inter-American commission on human rights
CHAPTER 8: Inter-American Court of human rights
CHAPTER 9: Common provisions

PART 3: GENERAL AND TRANSITORY PROVISIONS

CHAPTER 10: Signature, ratifications, amendments

CHAPTER 11: Transitory provisions
ARTICLE 1:Obligation to Respect Rights
The States Parties to this Convention undertake to respect the rights and
freedoms recognized herein and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms, without
any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth,
or any other social condition.

ARTICLE 2:Domestic legal effects

the States Parties undertake to adopt, in accordance with their constitutional
processes and the provisions of this Convention, such legislative or other
measures as may be necessary to give effect to those rights or freedoms.
ARTICLE 3:Right to a juridical personality
Every person has the right to recognition as a person before the law.

ARTICLE 4:Right to life

Every person has the right to have his life respected. This right shall be
protected by law and, in general, from the moment of conception. No one
shall be arbitrarily deprived of his life.

ARTICLE 5:Right to humane treatment

No one shall be subjected to torture or to cruel, inhuman, or degrading
punishment or treatment. All persons deprived of their liberty shall be
treated with respect for the inherent dignity of the human person.
ARTICLE 6:FREEDOM FROM SLAVERY
No one shall be subject to slavery or to involuntary servitude, which are
prohibited in all their forms, as are the slave trade and traffic in women.

ARTICLE 7:RIGHT TO PERSONAL LIBERTY

Every person has the right to personal liberty and security.
No one shall be deprived of his physical liberty except for the reasons and
under the conditions established beforehand by the constitution of the State
Party concerned or by a law established pursuant thereto.

ARTICLE 8:RIGHT TO A FAIR TRIAL

Every person accused of a criminal offense has the right to be presumed
innocent so long as his guilt has not been proven according to law.
ARTICLE 9:FREEDOM FROM EX POST FACTO LAWS

ARTICLE 10:RIGHT TO COMPENSATION

ARTICLE 11:RIGHT TO PRIVACY

ARTICLE 26:PROGRESSIVE DEVELOPMENT

The States Parties undertake to adopt measures, both internally and through
international cooperation, especially those of an economic and technical
nature, with a view to achieving progressively, by legislation or other
appropriate means, the full realization of the rights implicit in the
economic, social, educational, scientific, and cultural standards.
ARTICLE 27: SUSPENSION OF GUARANTEES
The foregoing provision does not authorize any suspension of the
following articles: Article 3 (Right to Juridical Personality), Article 4
(Right to Life), Article 5 (Right to Humane Treatment), Article 6 (Freedom
from Slavery), Article 9 (Freedom from Ex Post Facto Laws), Article 12
(Freedom of Conscience and Religion), Article 17 (Rights of the Family),
Article 18 (Right to a Name), Article 19 (Rights of the Child), Article 20
(Right to Nationality), and Article 23 (Right to Participate in Government),
or of the judicial guarantees essential for the protection of such rights.
ARTICLE 32: RELATIONSHIP BETWEEN RIGHTS AND DUTIES
Every person has responsibilities to his family, his community, and
mankind. The rights of each person are limited by the rights of others, by
the security of all, and by the just demands
of the general welfare, in a democratic society.

ARTICLE 33:COMPETENT ORGANS

The following organs shall have competence with respect to matters
relating to the fulfillment of the commitments made by the States Parties to
this Convention:
a. the Inter-American Commission on Human Rights, referred to as "The
Commission;" and
b. the Inter-American Court of Human Rights, referred to as "The Court."