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Inter-American Court of Human Rights

In 1969, a group of delegates of the OAS (Organization of American States) adopted the American Convention on Human Rights, which entered into force in 1978 creating the Court. The Inter-American Court of Human Rights is a body of OAS in charge of protecting human rights in Latin America and adjudicating disputes. The remedies available can range from pecuniary compensation to specific performance. The disputes always involve a State and a person or group whose rights have been supposedly infringed.

  • The American System for Protection of Human Rights
  • Website

http://www.corteidh.or.cr/index.cfm

Jurisdiction

Some of the States which accept the jurisdiction of the Court are:

  • Brazil
  • Bolivia
  • Argentina
  • Peru
  • Uruguay
  • Paraguay

Brazil and the Court

Brazil, as many other countries in Latin America that experienced dictatorship in the 20th century, has to respond to claims mostly associated with lack of observance regarding freedom of speech, due process and infringement of political rights. Moreover, issues concerning minorities such as homosexuals and Native Americans have been gaining more importance over time.

The Federal State Issue

The Court does not find valid the claim that in Federal States the Union is not liable for the infringement of human rights committed by the states. As a matter of fact, this is one of the main arguments waved by the United States. According to the advocates of this argument, it would not unacceptable, under the American System, for the Union be prosecuted before the Court due to a problem which occurred in Louisiana or Alabama for example. Therefore, the United States is not subject to the jurisdiction of the Inter-American Court of Human Rights. In contrast to Brazil which, even though being a Federative Republic, is subject to its jurisdiction.

  • Example of a Court ruling

http://latindispatch.com/2010/10/05/mexico-ordered-to-pay-damages-to-two-indigenous-women-raped-by-soldiers/

Phone: 212-300-7174

Email: info@oliveiralawyers.com