This information shall be submitted within a reasonable period to be determined by the Commission in accordance with the circumstances of each case. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. Key Developments and Critiques of the Inter-American Jurisprudence A. Recognition of Competence : Having seen the Constitution of the Republic of 1987; and Having seen the law dated August 18, 1979, whereby the Republic of Haiti ratified the American Convention on Human Rights. Ordered by a Competent Judicial Authority i.
A Broad Right with Uncertain Parameters B. The law shall recognize equal rights for children born out of wedlock and those born in wedlock. No one shall be detained for debt. This recognition is for an indeterminate period and on condition of reciprocity on all cases related to the interpretation or application of the Convention cited, with the partial reservation and bearing in mind the interpretative statements contained in the instrument of ratification. The second, the Protocol to the American Convention on Human Rights to Abolish the Death Penalty, was adopted at , , on 8 June 1990. For the purposes of this article, the following do not constitute forced or compulsory labor: a. Competence 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.
American Convention on Human Rights (Pact of San Jose, Costa Rica)
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. Right to a Fair Trial 1. 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. Right to Apply for Pardon, Amnesty or Commutation 2. 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.
Recognition of competence : The Government of the Federative Republic of Brazil declares its recognition as binding, for an indefinite period of time, ipso jure, of the jurisdiction of the Inter-American Court of Human Rights on all matters relating to the interpretation or application of the American Convention on Human Rights, according to Article 62 of that Convention, on the condition of reciprocity, and for matters arising after the time of this declaration. Forced labor shall not adversely affect the dignity or the physical or intellectual capacity of the prisoner. 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. 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. Pretrial Detention as Illegal Detention f. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. 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.
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. The Court shall appoint its own Secretary. She served as a senior attorney at the Inter-American Commission and the Inter-American Court. 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 respects not incompatible with the independence of the Court. This means that the state may ratify the American Convention but can opt out of certain provisions it contains.
