The Inter-American Convention on Human Rights
215
The Inter-American Convention, which came into force in 1978, contains
a range of rights to be protected by the states parties.
216
The rights are
fundamentally those protected by the European Convention, but with
some interesting differences.
217
For example, under article 4 the right to
life is deemed to start in general as from conception,
218
while the prohibi-
tion on torture and inhuman or degrading treatment is more extensively
expressed and is in the context of the right to have one’s physical, men-
tal and moral integrity respected (article 5). In addition, articles 18 and
19 of the Inter-American Convention protect the right to a name and
the specific rights of the child, article 23 provides for a general right to
participation in the context of public affairs and article 26 provides for
the progressive achievement of the economic, social and cultural rights
contained in the Charter of the Organisation of American States, 1948, as
amended by the Protocol of Buenos Aires, 1967.
219
The Inter-American Commission on Human Rights was created in
1959 and its first Statute approved by the OAS Council in 1960. In 1971,
it was recognised as one of the principal organs of the OAS.
220
Under its
215
See generally J. M. Pasqualucci,
The Practice and Procedure of the Inter-American Court of
Human Rights
, Cambridge, 2003; H. J. Steiner, P. Alston and R. Goodman,
International
Human Rights in Context
, 3rd edn, Oxford, 2008, pp. 1020 ff.;
The Inter-American System
of Human Rights
(eds. D. J. Harris and S. Livingstone), Oxford, 1998; T. Buergenthal
and D. Shelton,
Protecting Human Rights in the Americas
, 4th edn, Strasbourg, 1995; D.
Shelton, ‘The Inter-American Human Rights System’ in
Guide to International Human
Rights Practice
(ed. H. Hannum), 4th edn, Ardsley, 2004, p. 127, and T. Buergenthal and
R. Norris,
The Inter-American System
, Dobbs Ferry, 5 vols., 1983–4. See also J. Rehman,
International Human Rights Law
, London, 2003, chapter 8; A. H. Robertson and J. G.
Merrills,
Human Rights in the World
, 4th edn, London, 1996, chapter 6; S. Davidson,
The Inter-American Court of Human Rights
, Aldershot, 1992; S. Davidson, ‘Remedies for
Violations of the American Convention on Human Rights’, 44 ICLQ, 1995, p. 405, and C.
Grossman, ‘Proposals to Strengthen the Inter-American System of Protection of Human
Rights’, 32 German YIL, 1990, p. 264.
216
The Convention currently has twenty-four parties: see
Annual Report of the Inter-American
Commission on Human Rights 2006
, Washington, 2007.
217
See e.g. J. Frowein, ‘The European and the American Conventions on Human Rights – A
Comparison’, 1 HRLJ, 1980, p. 44. See also the American Declaration of the Rights and
Duties of Man, 1948.
218
See e.g. 10 DR, 1977, p. 100.
219
The Charter of the OAS has also been amended by the Protocols of Cartagena de Indias,
1985; Washington, 1992 and Managua, 1993.
220
See e.g. C. Medina, ‘The Inter-American Commission on Human Rights and the Inter-
American Court of Human Rights: Reflections on a Joint Venture’, 12 HRQ, 1990,
p. 439.
382
i n t e r nat i o na l l aw
original Statute, it had wide powers to promote the awareness and study
of human rights in America and to make recommendations to member
states. In 1965, the Statute was revised and the Commission’s powers ex-
panded to include
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