American Convention on Human Rights

American Convention on Human Rights

American Convention on Human Rights "Pact of San José, Costa Rica"
Drafted	22 November 1969
Signed	22 November 1969
Location	San José, Costa Rica
Effective	18 July 1978
Condition	11 ratifications
Signatories	25
Parties	23
Languages	Spanish, English, Portuguese, French

The American Convention on Human Rights, also known as the "Pact of San José, Costa Rica," is an international human rights instrument aimed at establishing a system of personal liberties and rights within the Americas. It was adopted at the Inter-American Specialized Conference on Human Rights, which took place in San José, Costa Rica, on 22 November 1969. The Convention entered into force on 18 July 1978, following the eleventh ratification.

Background

The American Convention on Human Rights was developed under the auspices of the Organization of American States (OAS) as part of its efforts to promote and protect human rights in the Western Hemisphere. The Convention builds upon the American Declaration of the Rights and Duties of Man, which was adopted in 1948.

Structure and Content

The Convention is composed of a preamble and two parts, which are further divided into chapters and articles.

Part I: State Obligations and Rights Protected

Part I outlines the obligations of the state parties and the rights protected under the Convention. It includes civil and political rights such as the right to life, the right to humane treatment, freedom from slavery, freedom of expression, and the right to a fair trial.

Part II: Means of Protection

Part II establishes the mechanisms for the protection of the rights enshrined in the Convention. It creates the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, which are responsible for monitoring compliance and adjudicating cases of human rights violations.

Protocols

The Convention has been supplemented by additional protocols, including the Protocol of San Salvador, which addresses economic, social, and cultural rights, and the Protocol to Abolish the Death Penalty.

Significance

The American Convention on Human Rights is a cornerstone of the human rights framework in the Americas. It has played a crucial role in advancing human rights standards and providing a legal basis for the protection of individual rights against state abuses.

Challenges

Despite its significance, the Convention faces challenges, including varying levels of commitment among member states, issues of compliance, and political pressures that can affect the functioning of the Inter-American human rights system.

Also see

• Inter-American Commission on Human Rights
• Inter-American Court of Human Rights
• Organization of American States
• Universal Declaration of Human Rights
• American Declaration of the Rights and Duties of Man