American Convention on Human Rights in United States

American Convention on Human Rights

ENTRY INTO FORCE: 18 Jul 78

PREAMBLE

The American states signatory to the present Convention,

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, and that they therefore justify international protection
in the form of a convention reinforcing or complementing the protection
provided by the domestic law of the American states,

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,

Reiterating that, in accordance with the Universal Declaration of Human
Rights, the ideal of free men enjoying freedom from fear and want can be
achieved only if conditions are created whereby everyone may enjoy his
economic, social, and cultural rights. as well as his civil and political
rights, and

Considering that the Third Special Inter-American Conference (Buenos Aires,
1967) approved the incorporation into the Charter of the Organization itself
of broader standards with respect to economic, social, and educational
rights and resolved that an inter-American convention on human rights should
determine the structure, competence, and procedure of the organs responsible
for these matters,

Have agreed upon the following:

PART I. STATE OBLIGATIONS AND RIGHTS PROTECTED

CHAPTER I. GENERAL OBLIGATIONS

Article 1. OBLIGATION TO RESPECT RIGHTS. 1. 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.

2. For the purposes of this Convention, “person” means every human being .

Article 2. DOMESTIC LEGAL EFFECTS. Where the exercise of any of the rights
or freedoms referred to in Article I is not already ensured by legislative
or other provisions, 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.

CHAPTER II. CIVIL AND POLITICAL RIGHTS

Article 3. RIGHT TO JURIDICAL PERSONALITY. Every person has the right to
recognition as a person before the law.

Article 4. RIGHT TO LIFE. 1. 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.

2. In countries that have not abolished the death penalty, it may be imposed
only for the most serious crimes and pursuant to a final judgment rendered
by a competent court and in accordance with a law establishing such
punishment, enacted prior to the commission of the crime. The application
of such punishment shall not be extended to crimes to which it does not
presently apply.

3. The death penalty shall not be reestablished in states that have
abolished it.

4. In no case shall capital punishment be inflicted for political offenses
or related common crimes.

5. Capital punishment shall not be imposed upon persons who, at the time the
crime was committed, were under 18 years of age or over 70 years of age; nor
shall it be applied to pregnant women.

6. Every person condemned to death shall have the right to apply for
amnesty, pardon, or commutation of sentence, which may be granted in all
cases. Capital punishment shall not be imposed while such a petition is
pending decision by the competent authority.

Article 5. RIGHT TO HUMANE TREATMENT. 1. Every person has the right have his
physical, mental, and moral integrity respected.

2. 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.

3. Punishment shall not be extended to any person other than the criminal.

4. Accused persons shall, save in exceptional circumstances, be segregated
from convicted persons, and shall be subject to separate treatment
appropriate to their status as unconvicted persons.

5. Minors while subject to criminal proceedings shall be separated from
adults and brought before specialized tribunals, as speedily as possible,
so that they may be treated in accordance with their status as minors.

6. Punishments consisting of deprivation of liberty shall have as an
essential aim the reform and social readaptation of the prisoners.

Article 6. FREEDOM FROM SLAVERY. 1. 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.

2. No one shall be required to perform forced or compulsory labor. This
provision shall not be interpreted to mean that, in those countries in which
the penalty established for certain crimes is deprivation of liberty at
forced labor, the carrying out of such a sentence imposed by a competent
court is prohibited. Forced labor shall not adversely affect the dignity or
the physical or intellectual capacity of the prisoner.

3. For the purposes of this article, the following do not constitute forced
or compulsory labor:

a. Work or service normally required of a person imprisoned in execution
of a sentence or formal decision passed by the competent judicial
authority; such work or service shall be carried out under the
supervision and control of public authorities, and any persons
performing such work or service shall not be placed at the disposal
of any private party, company, or juridical person;

b. Military service and, in countries in which conscientious objectors
are recognized, national service that the law may provide for in lieu
of military service;

c. Service exacted in time of danger or calamity that threatens the
existence or the well-being of the community; or

d. Work or service that forms part of normal civic obligations.

Article 7. RIGHT TO PERSONAL LIBERTY. 1. Every person has the right to
personal liberty and security.

2. 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.

3. No one shall be subject to arbitrary arrest or imprisonment.

4. Anyone who is detained shall be informed of the reasons for his detention
and shall be promptly notified of the charge or charges against him.

5. Any person detained shall be brought promptly before a judge or other
officer authorized by law to exercise judicial power and shall be entitled
to trial within a reasonable time or to be released without prejudice to the
continuation of the proceedings. His release may be subject to guarantees
to assure his appearance for trial.

6. Anyone who is deprived of his liberty shall be entitled to recourse to
a competent court, in order that the court may decide without delay on the
lawfulness of his arrest or detention and order his release if the arrest
or detention is unlawful. In States Parties whose laws provide that anyone
who believes himself to be threatened with deprivation of his liberty is
entitled to recourse to a competent court in order that it may decide on the
lawfulness of such threat, this remedy may not be restricted or abolished.
The interested party or another person in his behalf is entitled to seek
these remedies.

7. No one shall be detained for debt. This principle shall not limit the
orders of a competent judicial authority issued for nonfulfillment of duties
of support.

Article 8. RIGHT TO A FAIR TRIAL. 1. Every person has the right to a
hearing, with due guarantees and within a reasonable time, by a competent,
independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or
for the determination of his rights and obligations of a civil, labor,
fiscal, or any other nature.

2. 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. During
the proceedings, every person is entitled, with full equality, to the
following minimum guarantees:

a. The right of the accused to be assisted without charge by a
translator or interpreter, if he does not understand or does not
speak the language of the tribunal or court;

b. Prior notification in detail to the accused of the charges against
him;

c. Adequate time and means for the preparation of his defense;

d. The right of the accused to defend himself personally or to be
assisted by legal counsel of his own choosing. and to communicate
freely and privately with his counsel;

e. The inalienable right to be assisted by counsel provided by the
State, paid or not as the domestic law provides, if the accused does
not defend himself personally or engage his own counsel within the
time period established by law;

f. The right of the defense to examine witnesses present in the court
and to obtain the appearance, as witnesses, of experts or other
persons who may throw light on the facts;

g. The right not to be compelled to be a witness against himself or to
plead guilty; and

h. The right to appeal the judgment to a higher court.

3. A confession of guilt by the accused shall be valid only if it is made
without coercion of any kind.

4. An accused person acquitted by a nonappealable judgment shall not be
subjected to a new trial for the same cause.

5. Criminal proceedings shall be public, except insofar as may be necessary
to protect the interests of justice.

Article 9. FREEDOM FROM “EX POST FACTO” LAWS. No one shall be convicted of
any act or omission that did not constitute a criminal offense, under the
applicable law, at the time it was committed. A heavier penalty shall not
be imposed than the one that was applicable at the time the criminal offense
was committed. If subsequent to the commission of the offense the law
provides for the imposition of a lighter punishment, the guilty person shall
benefit therefrom.

Article 10. RIGHT TO COMPENSATION. Every person has the right to be
compensated in accordance with the law in the event he has been sentenced
by a final judgment through a miscarriage of justice.

Article 11. RIGHT TO PRIVACY. 1. Everyone has the right to have his honor
respected and his dignity recognized.

2. No one may be the object of arbitrary or abusive interference with his
private life, his family, his home, or his correspondence, or of unlawful
attacks on his honor or reputation.

3. Everyone has the right to the protection of the law against such
interference or attacks.

Article 12. FREEDOM OF CONSCIENCE AND RELIGION. 1. Everyone has the right
to freedom of conscience and of religion. This right includes freedom to
maintain or to change one’s religion or beliefs, and freedom to profess or
disseminate one’s religion or beliefs, either individually or together with
others, in public or in private.

2. No one shall be subject to restrictions that might impair his freedom to
maintain or to change his religion or beliefs.

3. Freedom to manifest one’s religion and beliefs may be subject only to the
limitations prescribed by law that are necessary to protect public safety,
order, health, or morals, or the rights or freedoms of others.

4. Parents or guardians, as the case may be, have the right to provide for
the religious and moral education of their children or wards that is in
accord with their own convictions.

Article 13. FREEDOM OF THOUGHT AND EXPRESSION. 1. Everyone has the right to
freedom of thought and expression. This right includes freedom to seek,
receive, and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing, in print, in the form of art, or
through any other medium of one’s choice.

2. The exercise of the right provided for in the foregoing paragraph shall
not be subject to prior censorship but shall be subject to subsequent
imposition of liability, which shall be expressly established by law to the
extent necessary to ensure:

a. Respect for the rights or reputations of others; or

b. The protection of national security, public order, or public health
or morals.

3. The right of expression may not be restricted by indirect methods or
means, such as the abuse of government or private controls over newsprint,
radio broadcasting frequencies, or equipment used in the dissemination of
information, or by any other means tending to impede the communication and
circulation of ideas and opinions.

4. Notwithstanding the provisions of paragraph 2 above, public
entertainments may be subject by law to prior censorship for the sole
purpose of regulating access to them for the moral protection of childhood
and adolescence.

5. Any propaganda for war and any advocacy of national, racial, or religious
hatred that constitute incitements to lawless violence or to any other
similar illegal action against any person or group of persons on any grounds
including those of race, color, religion, language, or national origin shall
be considered as offenses punishable by law.

Article 14. RIGHT OF REPLY. 1. Anyone injured by inaccurate or offensive
statements or ideas disseminated to the public in general by a legally
regulated medium of communication has the right to reply or to make a
correction using the same communications outlet, under such conditions as
the law may establish.

2. The correction or reply shall not in any case remit other legal
liabilities that may have been incurred.

3. For the effective protection of honor and reputation, every publisher,
and every newspaper, motion picture, radio, and television company, shall
have a person responsible who is not protected by immunities or special
privileges.

Article 15. RIGHT OF ASSEMBLY. The right of peaceful assembly, without arms,
is recognized. No restrictions may be placed on the exercise of this right
other than those imposed in conformity with the law and necessary in a
democratic society in the interest of national security, public safety or
public order, or to protect public health or morals or the rights or
freedoms of others.

Article 16. FREEDOM OF ASSOCIATION. 1. Everyone has the right to associate
freely for ideological, religious, political, economic, labor, social,
cultural, sports, or other purposes.

2. The exercise of this right shall be subject only to such restrictions
established by law as may be necessary in a democratic society, in the
interest of national security, public safety or public order, or to protect
public health or morals or the rights and freedoms of others.

3. The provisions of this article do not bar the imposition of legal
restrictions, including even deprivation of the exercise of the right of
association, on members of the armed forces and the police.

Article 17. RIGHTS OF THE FAMILY. 1. The family is the natural and
fundamental group unit of society and is entitled to protection by society
and the state.

2. The right of men and women of marriageable age to marry and to raise a
family shall be recognized, if they meet the conditions required by domestic
laws, insofar as such conditions do not affect the principle of
nondiscrimination established in this Convention.

3. No marriage shall be entered into without the free and full consent of
the intending spouses.

4. The States Parties shall take appropriate steps to ensure the equality
of rights and the adequate balancing of responsibilities of the spouses as
to marriage, during marriage, and in the event of its dissolution. In case
of dissolution, provision shall be made for the necessary protection of any
children solely on the basis of their own best interests.

5. The law shall recognize equal rights for children born out of wedlock and
those born in wedlock.

Article 18. RIGHT TO A NAME. Every person has the right to a given name and
to the surnames of his parents or that of one of them. The law shall
regulate the manner in which this right shall be ensured for all, by the use
of assumed names if necessary.

Article 19. RIGHTS OF THE CHILD. Every minor child has the right to the
measures of protection required by his condition as a minor on the part of
his family, society, and the state.

Article 20. RIGHT TO NATIONALITY. 1. Every person has the right to a
nationality.

2. Every person has the right to the nationality of the state in whose
territory he was born if he does not have the right to any other
nationality.

3. No one shall be arbitrarily deprived of his nationality or of the right
to change it.

Article 21. RIGHT TO PROPERTY. 1. Everyone has the right to the use and
enjoyment of his property. The law may subordinate such use and enjoyment
to the interest of society.

2. No one shall be deprived of his property except upon payment of just
compensation, for reasons of public utility or social interest, and in the
cases and according to the forms established by law.

3. Usury and any other form of exploitation of man by man shall be
prohibited by law.

Article 22. FREEDOM OF MOVEMENT AND RESIDENCE. 1. Every person lawfully in
the territory of a State Party has the right to move about in it, and to
reside in it subject to the provisions of the law.

2. Every person has the right to leave any country freely, including his
own.

3. The exercise of the foregoing rights may be restricted only pursuant to
a law to the extent necessary in a democratic society to prevent crime or
to protect national security, public safety, public order, public morals,
public health, or the rights or freedoms of others.

4. The exercise of the rights recognized in paragraph 1 may also be
restricted by law in designated zones for reasons of public interest.

5. No one can be expelled from the territory of the state of which he is a
national or be deprived of the right to enter it.

6. An alien lawfully in the territory of a State Party to this Convention
may be expelled from it only pursuant to a decision reached in accordance
with law.

7. Every person has the right to seek and be granted asylum in a foreign
territory, in accordance with the legislation of the state and international
conventions, in the event he is being pursued for political offenses or
related common crimes.

8. In no case may an alien be deported or returned to a country, regardless
of whether or not it is his country of origin, if in that country his right
to life or personal freedom is in danger of being violated because of his
race, nationality, religion, social status, or political opinions.

9. The collective expulsion of aliens is prohibited.

Article 23. RIGHT TO PARTICIPATE IN GOVERNMENT. 1. Every citizen shall enjoy
the following rights and opportunities:

a. To take part in the conduct of public affairs, directly or through
freely chosen representatives;

b. To vote and to be elected in genuine periodic elections, which shall
be by universal and equal suffrage and by secret ballot that
guarantees the free expression of the will of the voters; and

c. To have access, under general conditions of equality, to the public
service of his country.

2. The law may regulate the exercise of the rights and opportunities
referred to in the preceding paragraph only on the basis of age,
nationality, residence, language, education, civil and mental capacity, or
sentencing by a competent court in criminal proceedings.

Article 24. RIGHT TO EQUAL PROTECTION. All persons are equal before the law.
Consequently, they are entitled, without discrimination, to equal protection
of the law.

Article 25. RIGHT TO JUDICIAL PROTECTION. 1. Everyone has the right to
simple and prompt recourse, or any other effective recourse, to a competent
court or tribunal for protection against acts that violate his fundamental
rights recognized by the constitution or laws of the state concerned or by
this Convention, even though such violation may have been committed by
persons acting in the course of their official duties.

2. The States Parties undertake:

a. To ensure that any person claiming such remedy shall have his rights
determined by the competent authority provided for by the legal
system of the state;

b. To develop the possibilities of judicial remedy; and

c. To ensure that the competent authorities shall enforce such remedies
when granted.

CHAPTER III. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

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 set forth in the Charter of the
Organization of American States as amended by the Protocol of Buenos Aires.

CHAPTER IV. SUSPENSION OF GUARANTEES, INTERPRETATION, AND APPLICATION

Article 27. SUSPENSION OF GUARANTEES. 1. In time of war, public danger, or
other emergency that threatens the independence or security of a State
Party, it may take measures derogating from its obligations under the
present Convention to the extent and for the period of time strictly
required by the exigencies of the situation, provided that such measures are
not inconsistent with its other obligations under international law and do
not involve discrimination on the ground of race, color, sex, language,
religion, or social origin.

2. 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.

3. Any State Party availing itself of the right of suspension shall
immediately inform the other States Parties, through the Secretary General
of the Organization of American States, of the provisions the application
of which it has suspended, the reasons that gave rise to the suspension, and
the date set for the termination of such suspension.

Article 28. FEDERAL CLAUSE. 1. Where a State Party is constituted as a
federal state, the national government of such State Party shall implement
all the provisions of the Convention over whose subject matter it exercises
legislative and judicial jurisdiction.

2. With respect to the provisions over whose subject matter the constituent
units of the federal state have jurisdiction, the national government shall
immediately take suitable measures, in accordance with its constitution and
its laws, to the end that the competent authorities of the constituent units
may adopt appropriate provisions for the fulfillment of this Convention.

3. Whenever two or more States Parties agree to form a federation or other
type of association, they shall take care that the resulting federal or
other compact contains the provisions necessary for continuing and rendering
effective the standards of this Convention in the new state that is
organized.

Article 29. RESTRICTIONS REGARDING INTERPRETATION. No provision of this
Convention shall be interpreted as:

a. Permitting any State Party, group, or person to suppress the
enjoyment or exercise of the rights and freedoms recognized in this
Convention or to restrict them to a greater extent than is provided
for herein;

b. Restricting the enjoyment or exercise of any right or freedom
recognized by virtue of the laws of any State Party or by virtue of
another convention to which one of the said states is a party;

c. Precluding other rights or guarantees that are inherent in the human
personality or derived from representative democracy as a form of
government; or

d. Excluding or limiting the effect that the American Declaration of the
Rights and Duties of Man and other international acts of the same
nature may have.

Article 30. SCOPE OF RESTRICTIONS. The restrictions that. pursuant to this
Convention, may be placed on the enjoyment or exercise of the rights or
freedoms recognized herein may not be applied except in accordance with laws
enacted for reasons of general interest and in accordance with the purpose
for which such restrictions have been established.

Article 31. RECOGNITION OF OTHER RIGHTS. Other rights and freedoms
recognized in accordance with the procedures established in Articles 76 and
77 may be included in the system of protection of this Convention.

CHAPTER V. PERSONAL RESPONSIBILITIES

Article 32. RELATIONSHIP BETWEEN DUTIES AND RIGHTS. 1. Every person has
responsibilities to his family, his community, and mankind.

2. 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 .

PART II. MEANS OF PROTECTION

CHAPTER VI. COMPETENT ORGANS

Article 33. 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.”

CHAPTER VII. INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

Section 1. ORGANIZATION

Article 34. The Inter-American Commission on Human Rights shall be composed
of seven members. who shall be persons of high moral character and
recognized competence in the field of human rights.

Article 35. The Commission shall represent all the member countries of the
Organization of American States.

Article 36. 1. The members of the Commission shall be elected in a personal
capacity by the General Assembly of the Organization from a list of
candidates proposed by the governments of the member states.

2. Each of those governments may propose up to three candidates, who may be
nationals of the states proposing them or of any other member state of the
Organization of American States. When a slate of three is proposed, at least
one of the candidates shall be a national of a state other than the one
proposing the slate.

Article 37. 1. The members of the Commission shall be elected for a term of
four years and may be reelected only once, but the terms of three of the
members chosen in the first election shall expire at the end of two years.
Immediately following that election the General Assembly shall determine the
names of those three members by lot.

2. No two nationals of the same state may be members of the Commission.

Article 38. Vacancies that may occur on the Commission for reasons other
than the normal expiration of a term shall be filled by the Permanent
Council of the Organization in accordance with the provisions of the Statute
of the Commission .

Article 39. The Commission shall prepare its Statute, which it shall submit
to the General Assembly for approval. It shall establish its own
Regulations.

Article 40. Secretariat services for the Commission shall be furnished by
the appropriate specialized unit of the General Secretariat of the
Organization. This unit shall be provided with the resources required to
accomplish the tasks assigned to it by the Commission.

Section 2. FUNCTIONS

Article 41. The main function of the Commission shall be to promote respect
for and defense of human rights. In the exercise of its mandate, it shall
have the following functions and powers:

a. To develop an awareness of human rights among the peoples of America;

b. To make recommendations to the governments of the member states, when
it considers such action advisable, for the adoption of progressive
measures in favor of human rights within the framework of their
domestic law and constitutional provisions as well as appropriate
measures to further the observance of those rights;

c. To prepare such studies or reports as it considers advisable in the
performance of its duties;

d. To request the governments of the member states to supply it with
information on the measures adopted by them in matters of human
rights;

e. To respond, through the General Secretariat of the Organization of
American States, to inquiries made by the member states on matters
related to human rights and, within the limits of its possibilities,
to provide those states with the advisory services they request;

f. To take action on petitions and other communications pursuant to its
authority under the provisions of Articles 44 through 51 of this
Convention; and

g. To submit an annual report to the General Assembly of the
Organization of American States.

Article 42. The States Parties shall transmit to the Commission a copy of
each of the reports and studies that they submit annually to the Executive
Committees of the Inter-American Economic and Social Council and the Inter-
American Council for Education, Science, and Culture, in their respective
fields so that the Commission may watch over the promotion of the rights
implicit in the economic, social, educational, scientific, and cultural
standards set forth in the Charter of the Organization of American States
as amended by the Protocol of Buenos Aires.

Article 43. The States Parties undertake to provide the Commission with such
information as it may request of them as to the manner in which their
domestic law ensures the effective application of any provisions of this
Convention.

Section 3. COMPETENCE

Article 44. Any person or group of persons, or any nongovernmental entity
legally recognized in one or more member states of the Organization, may
lodge petitions with the Commission containing denunciations or complaints
of violation of this Convention by a State Party.

Article 45. 1. Any State Party may, when it deposits its instrument of
ratification of or adherence to this Convention, or at any later time,
declare that it recognizes the competence of the Commission to receive and
examine communications in which a State Party alleges that another State
Party has committed a violation of a human right set forth in this
Convention.

2. Communications presented by virtue of this article may be admitted and
examined only if they are presented by a State Party that has made a
declaration recognizing the aforementioned competence of the Commission. The
Commission shall not admit any communication against a State Party that has
not made such a declaration.

3. A declaration concerning recognition of competence may be made to be
valid for an indefinite time, for a specified period, or for a specific
case.

4. Declarations shall be deposited with the General Secretariat of the
Organization of American States, which shall transmit copies thereof to the
member states of that Organization.

Article 46. 1. Admission by the Commission of a petition or communication
lodged in accordance with Articles 44 or 45 shall be subject to the
following requirements:

a. That the remedies under domestic law have been pursued and exhausted
in accordance with generally recognized principles of international
law;

b. That the petition or communication is lodged within a period of six
months from the date on which the party alleging violation of his
rights was notified of the final judgment;

c. That the subject of the petition or communication is not pending in
another international proceeding for settlement; and

d. That, in the case of Article 44, the petition contains the name,
nationality, profession, domicile, and signature of the person or
persons or of the legal representative of the entity lodging the
petition.

2. The provisions of paragraphs 1a and 1b of this article shall not be
applicable when:

a. The domestic legislation of the state concerned does not afford due
process of law for the protection of the right or rights that have
allegedly been violated;

b. The party alleging violation of his rights has been denied access to
the remedies under domestic law or has been prevented from exhausting
them; or

c. There has been unwarranted delay in rendering a final judgment under
the aforementioned remedies.

Article 47. The Commission shall consider inadmissible any petition or
communication submitted under Articles 44 or 45 if:

a. Any of the requirements indicated in Article 46 has not been met;

b. The petition or communication does not state facts that tend to
establish a violation of the rights guaranteed by this Convention;

c. The statements of the petitioner or of the state indicate that the
petition or communication is manifestly groundless or obviously out
of order; or

d. The petition or communication is substantially the same as one
previously studied by the Commission or by another international
organization.

Section 4. PROCEDURE

Article 48. 1. When the Commission receives a petition or communication
alleging violation of any of the rights protected by this Convention, it
shall proceed as follows:

a. If it considers the petition or communication admissible, it shall
request information from the government of the state indicated as being
responsible for the alleged violations and shall furnish that government a
transcript of the pertinent portions of the petition or communication. This
information shall be submitted within a reasonable period to be determined
by the Commission in accordance with the circumstances of each case.

b. After the information has been received, or after the period
established has elapsed and the information has not been received, the
Commission shall ascertain whether the grounds for the petition or
communication still exist. If they do not, the Commission shall order the
record to be closed.

c. The Commission may also declare the petition or communication
inadmissible or out of order on the basis of information or evidence
subsequently received.

d. If the record has not been closed, the Commission shall, with the
knowledge of the parties, examine the matter set forth in the petition or
communication in order to verify the facts. If necessary and advisable, the
Commission shall carry out an investigation, for the effective conduct of
which it shall request, and the states concerned shall furnish to it, all
necessary facilities.

e. The Commission may request the states concerned to furnish any
pertinent information and, if so requested, shall hear oral statements or
receive written statements from the parties concerned.

f. The Commission shall place itself at the disposal of the parties
concerned with a view to reaching a friendly settlement of the matter on the
basis of respect for the human rights recognized in this Convention.

2. However, in serious and urgent cases, only the presentation of a petition
or communication that fulfills all the formal requirements of admissibility
shall be necessary in order for the Commission to conduct an investigation
with the prior consent of the state in whose territory a violation has
allegedly been committed.

Article 49. If a friendly settlement has been reached in accordance with
paragraph 1f of Article 48, the Commission shall draw up a report, which
shall be transmitted to the petitioner and to the States Parties to this
Convention, and shall then be communicated to the Secretary General of the
Organization of American States for publication. This report shall contain
a brief statement of the facts and of the solution reached. If any party in
the case so requests, the fullest possible information shall be provided
to it.

Article 50. 1. If a settlement is not reached, the Commission shall, within
the time limit established by its Statute, draw up a report setting forth
the facts and stating its conclusions. If the report, in whole or in part,
does not represent the unanimous agreement of the members of the Commission,
any member may attach to it a separate opinion. The written and oral
statements made by the parties in accordance with paragraph 1e of Article
48 shall also be attached to the report.

2. The report shall be transmitted to the states concerned, which shall not
be at liberty to publish it.

3. In transmitting the report, the Committee may make such proposals and
recommendations as it sees fit.

Article 51. 1. If, within a period of three months from the date of the
transmittal of the report of the Commission to the states concerned, the
matter has not either been settled or submitted by the Commission or by the
state concerned to the Court and its jurisdiction accepted, the Commission
may, by the vote of an absolute majority of its members, set forth its
opinion and conclusions concerning the question submitted for its
consideration.

2. Where appropriate, the Commission shall make pertinent recommendations
and shall prescribe a period within which the state is to take the measures
that are incumbent upon it to remedy the situation examined.

3. When the prescribed period has expired, the Commission shall decide by
the vote of an absolute majority of its members whether the state has taken
adequate measures and whether to publish its report.

CHAPTER VIII. INTER-AMERICAN COURT OF HUMAN RIGHTS

Section 1. ORGANIZATION

Article 52. 1. The Court shall consist of seven judges, nationals of the
member states of the Organization, elected in an 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 in conformity with the law
of the state of which they are nationals or of the state that proposes them
as candidates.

2. No two judges may be nationals of the same state.

Article 53. 1. The judges of the Court shall be elected by secret ballot by
an absolute majority vote of the States Parties to the Convention, in the
General Assembly of the Organization, from a panel of candidates proposed
by those states.

2. Each of the States Parties may propose up to three candidates, nationals
of the state that proposes them or of any other member state of the
Organization of American States. When a slate of three is proposed, at least
one of the candidates shall be a national of a state other than the one
proposing the slate.

Article 54. 1. The judges of the Court shall be elected for a term of six
years and may be reelected only once. The term of three of the judges chosen
in the first election shall expire at the end of three years. Immediately
after the election, the names of the three judges shall be determined by lot
in the General Assembly.

2. A judge elected to replace a judge whose term has not expired shall
complete the term of the latter.

3. The judges shall continue in office until the expiration of their term.
However, they shall continue to serve with regard to cases that they have
begun to hear and that are still pending, for which purposes they shall not
be replaced by the newly elected judges.

Article 55. 1. If a judge is a national of any of the States Parties to a
case submitted to the Court, he shall retain his right to hear that case.

2. If one of the judges called upon to hear a case should be a national of
one [of] the States Parties to the case, any other State Party in the case
may appoint a person of its choice to serve on the Court as an ad hoc judge.

3. If among the judges called upon to hear a case none is a national of any
of the States Parties to the case, each of the latter may appoint an ad hoc
judge.

4. An ad hoc judge shall possess the qualifications indicated in Article 52.

5. If several States Parties to the Convention should have the same interest
in a case, they shall be considered as a single party for purposes of the
above provisions. In case of doubt, the Court shall decide.

Article 56. Five judges shall constitute a quorum for the transaction of
business by the Court.

Article 57. The Commission shall appear in all cases before the Court.

Article 58. 1. The Court shall have its seat at the place determined by the
States Parties to the Convention in the General Assembly of the
Organization; however, it may convene in the territory of any member state
of the Organization of American States when a majority of the Court consider
it desirable, and with the prior consent of the state concerned. The seat
of the Court may be changed by the States Parties to the Convention in the
General Assembly by a two-thirds vote.

2. The Court shall appoint its own Secretary.

3. The Secretary shall have his office at the place where the Court has its
seat and shall attend the meetings that the Court may hold away from its
seat.

Article 59. The Court shall establish its Secretariat, which shall function
under the direction of the Secretary of the Court, in accordance with the
administrative standards of the General Secretariat of the Organization in
all respect[s] not incompatible with the independence of the Court. The
staff of the Court’s Secretariat shall be appointed by the Secretary General
of the Organization, in consultation with the Secretary of the Court.

Article 60. The Court shall draw up its Statute which it shall submit to the
General Assembly for approval. It shall adopt its own Rules of Procedure.

Section 2. JURISDICTION AND FUNCTIONS

Article 61. 1. Only the States Parties and the Commission shall have the
right to submit a case to the Court.

2. In order for the Court to hear a case, it is necessary that the
procedures set forth in Articles 48 to 50 shall have been completed.

Article 62. 1. A State Party may, upon depositing its instrument of
ratification or adherence to this Convention, or at any subsequent time,
declare that it recognizes as binding, ipso facto, and not requiring special
agreement, the jurisdiction of the Court on all matters relating to the
interpretation or application of this Convention.

2. Such declaration may be made unconditionally, on the condition of
reciprocity, for a specified period, or for specific cases. It shall be
presented to the Secretary General of the Organization, who shall transmit
copies thereof to the other member states of the Organization and to the
Secretary of the Court.

3. The jurisdiction of the Court shall comprise all cases concerning the
interpretation and application of the provisions of this Convention that are
submitted to it, provided that the States Parties to the case recognize or
have recognized such jurisdiction, whether by special declaration pursuant
to the preceding paragraphs, or by a special agreement.

Article 63. 1. If the Court finds that there has been a violation of a right
or freedom protected by this Convention, the Court shall rule that the
injured party be ensured the enjoyment of his right or freedom that was
violated. It shall also rule, if appropriate, that the consequences of the
measure or situation that constituted the breach of such right or freedom
be remedied and that fair compensation be paid to the injured party.

2. In cases of extreme gravity and urgency, and when necessary to avoid
irreparable damage to persons, the Court shall adopt such provisional
measures as it deems pertinent in matters it has under consideration. With
respect to a case not yet submitted to the Court, it may act at the request
of the Commission.

Article 64. 1. The member states of the Organization may consult the Court
regarding the interpretation of this Convention or of other treaties
concerning the protection of human rights in the American states. Within
their spheres of competence, the organs listed in Chapter X of the Charter
of the Organization of American States, as amended by the Protocol of Buenos
Aires, may in like manner consult the Court.

2. The Court, at the request of a member state of the Organization, may
provide that state with opinions regarding the compatibility of any of its
domestic laws with the aforesaid international instruments.

Article 65. To each regular session of the General Assembly of the
Organization of American States the Court shall submit, for the Assembly’s
consideration, a report on its work during the previous year. It shall
specify, in particular, the cases in which a state has not complied with its
judgments, making any pertinent recommendations.

Section 3. PROCEDURE

Article 66. 1. Reasons shall be given for the judgment of the Court.

2. If the judgment does not represent in whole or in part the unanimous
opinion of the judges, any judge shall be entitled to have his dissenting
or separate opinion attached to the judgment.

Article 67. The judgment of the Court shall be final and not subject to
appeal. In case of disagreement as to the meaning or scope of the judgment,
the Court shall interpret it at the request of any of the parties, provided
the request is made within ninety days from the date of notification of the
judgment.

Article 68. 1. The States Parties to the Convention undertake to comply with
the judgment of the Court in any case to which they are parties.

2. That part of a judgment that stipulates compensatory damages may be
executed in the country concerned in accordance with domestic procedure
governing the execution of judgments against the state.

Article 69. The parties to the case shall be notified of the judgment of the
Court and it shall be transmitted to the States Parties to the Convention.

CHAPTER IX. COMMON PROVISIONS

Article 70. 1. The judges of the Court and the members of the Commission
shall enjoy, from the moment of their election and throughout their term of
office, the immunities extended to diplomatic agents in accordance with
international law. During the exercise of their official function they
shall, in addition, enjoy the diplomatic privileges necessary for the
performance of their duties.

2. At no time shall the judges of the Court or the members of the Commission
be held liable for any decisions or opinions issued in the exercise of their
functions.

Article 71. The position of judge of the Court or member of the Commission
is incompatible with any other activity that might affect the independence
or impartiality of such judge or member, as determined in the respective
statutes.

Article 72. The judges of the Court and the members of the Commission shall
receive emoluments and travel allowances in the form and under the
conditions set forth in their statutes, with due regard for the importance
and independence of their office. Such emoluments and travel allowances
shall be determined in the budget of the Organization of American States,
which shall also include the expenses of the Court and its Secretariat. To
this end, the Court shall draw up its own budget and submit it for approval
to the General Assembly through the General Secretariat. The latter may not
introduce any changes in it.

Article 73. The General Assembly may, only at the request of the Commission
or the Court, as the case may be, determine sanctions to be applied against
members of the Commission or judges of the Court when there are justifiable
grounds for such action as set forth in the respective statutes. A vote of
a two-thirds majority of the member states of the Organization shall be
required for a decision in the case of members of the Commission and, in the
case of judges of the Court, a two-thirds majority vote of the States
Parties to the Convention shall also be required.

PART III. GENERAL AND TRANSITORY PROVISIONS

CHAPTER X. SIGNATURE, RATIFICATION, RESERVATIONS, AMENDMENTS,
PROTOCOLS, AND DENUNCIATION

Article 74. 1. This Convention shall be open for signature and ratification
by or adherence of any member state of the Organization of American States.

2. Ratification of or adherence to this Convention shall be made by the
deposit of an instrument of ratification or adherence with the General
Secretariat of the Organization of American States. As soon as eleven states
have deposited their instruments of ratification or adherence, the
Convention shall enter into force. With respect to any state that ratifies
or adheres thereafter, the Convention shall enter into force on the date of
the deposit of its instrument of ratification or adherence.

3. The Secretary General shall inform all member states of the Organization
of the entry into force of the Convention.

Article 75. This Convention shall be subject to reservations only in
conformity with the provisions of the Vienna Convention on the Law of
Treaties signed on May 23, 1969.

Article 76. 1. Proposals to amend this Convention may be submitted to the
General Assembly for the action it deems appropriate by any State Party
directly, and by the Commission or the Court through the Secretary General.

2. Amendments shall enter into force for the states ratifying them on the
date when two-thirds of the States Parties to this Convention have deposited
their respective instruments of ratification. With respect to the other
States Parties, the amendments shall enter into force on the dates on which
they deposit their respective instruments of ratification.

Article 77. 1. In accordance with Article 31, any State Party and the
Commission may submit proposed protocols to this Convention for
consideration by the States Parties at the General Assembly with a view to
gradually including other rights and freedoms within its system of
protection.

2. Each protocol shall determine the manner of its entry into force and
shall be applied only among the States Parties to it.

Article 78. 1. The States Parties may denounce this Convention at the
expiration of a five-year period starting from the date of its entry into
force and by means of notice given one year in advance. Notice of the
denunciation shall be addressed to the Secretary General of the
Organization, who shall inform the other States Parties.

2. Such a denunciation shall not have the effect of releasing the State
Party concerned from the obligations contained in this Convention with
respect to any act that may constitute a violation of those obligations and
that has been taken by that state prior to the effective date of
denunciation.

CHAPTER XI. TRANSITORY PROVISIONS

Section 1. INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

Article 79. Upon the entry into force of this Convention, the Secretary
General shall, in writing, request each member state of the Organization to
present, within ninety days, its candidates for membership on the Inter-
American Commission on Human Rights. The Secretary General shall prepare a
list in alphabetical order of the candidates presented, and transmit it to
the member states of the Organization at least thirty days prior to the next
session of the General Assembly .

Article 80. The members of the Commission shall be elected by secret ballot
of the General Assembly from the list of candidates referred to in Article
79. The candidates who obtain the largest number of votes and an absolute
majority of the votes of the representatives of the member states shall be
declared elected. Should it become necessary to have several ballots in
order to elect all the members of the Commission, the candidates who receive
the smallest number of votes shall be eliminated successively, in the manner
determined by the General Assembly .

Section 2. INTER-AMERICAN COURT OF HUMAN RIGHTS

Article 81. Upon the entry into force of this Convention, the Secretary
General shall, in writing, request each State Party to present, within
ninety days, its candidates for membership on the Inter-American Court of
Human Rights. The Secretary General shall prepare a list in alphabetical
order of the candidates presented and transmit it to the States Parties at
least thirty days prior to the next session of the General Assembly.

Article 82. The judges of the Court shall be elected from the list of
candidates referred to in Article 81, by secret ballot of the States Parties
to the Convention in the General Assembly. The candidates who obtain the
largest number of votes and an absolute majority of the votes of the
representatives of the States Parties shall be declared elected. Should it
become necessary to have several ballots in order to elect all the judges
of the Court, the candidates who receive the smallest number of votes shall
be eliminated successively, in the manner determined by the States Parties.

STATEMENTS AND RESERVATIONS

Statement of Chile

The Delegation of Chile signs this Convention, subject to its subsequent
parliamentary approval and ratification, in accordance with the
constitutional rules in force.

Statement of Ecuador

The Delegation of Ecuador has the honor of signing the American Convention
on Human Rights. It does not believe that it is necessary to make any
specific reservation at this time, without prejudice to the general power
set forth in the Convention itself that leaves the governments free to
ratify it or not.

Reservation of Uruguay

Article 80.2 of the Constitution of Uruguay provides that citizenship is
suspended “for a person indicted according to law in a criminal prosecution
that may result in a sentence of imprisonment in a penitentiary”. This
restriction on the exercise of the rights recognized in Article 23 of the
Convention is not envisaged among the circumstances provided for in this
respect by paragraph 2 of Article 23, for which reason the Delegation of
Uruguay expresses a reservation on this matter.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, whose full powers
were found in good and due form, sign this Convention, which shall be called
“Pact of San Jose, Costa Rica”, (in the city of San Jose, Costa Rica, this
twenty-second day of November, nineteen hundred and sixty-nine.)