Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
concerned fails to take “adequate measures”, ultimately decide to publish its report
(art. 51).
With regard to those OAS Member States which have not yet ratified the American
Convention on Human Rights, the Commission is competent to receive petitions
alleging violations of the American Declaration on the Rights and Duties of Man.30
Another interesting aspect of the Commission’s powers is its competence to request
advisory opinions from the Inter-American Court of Human Rights (art. 64). The
important Advisory Opinion on Habeas Corpus in Emergency Situations was thus given
by the Court following a request by the Commission.
v the competence of the Inter-American Court of Human Rights: as of 16 April
2001, the compulsory jurisdiction of the Court had been accepted by 21 States.31
The Court consists of seven judges elected in their individual capacity (art. 52). It
has its Secretariat in San José, Costa Rica. Before the Court can hear a case, the
procedure before the Commission must be completed (art. 61(2)). “In cases of
extreme gravity and urgency”, the Court “shall adopt such provisional measures as it
deems pertinent”, and, at the request of the Commission, it may in fact also do this
with respect to cases not yet submitted to it (art. 63(2)). The Court’s judgments are
final and the States parties undertake to comply with the terms thereof “in any case
to which they are parties” (arts. 67 and 68(1)).
The enforcement mechanism under the Additional Protocol in the Area of
Economic, Social and Cultural Rights differs from the procedures under the
Convention in that the States parties only undertake “to submit periodic reports on the
progressive measures they have taken to ensure due respect for the rights set forth”
therein (art. 19(1) of the Protocol). Only with regard to the right to organize and join
trade unions (art. 8(a)) and the right to education (art. 13) does the Protocol provide for
application of the complaints procedure before the Commission and Court, and then
only in cases where the alleged violation is “directly attributable” to a State party (art.
19(6)).
Both the Commission and the Court have dealt with a considerable number of
cases, which can be found in their respective annual reports. The annual report of the
Inter-American Commission on Human Rights also provides important information
about the Commission’s activities in general, which reach far beyond the framework of
the American Convention on Human Rights.
30 See article 51 of the Regulations of the Inter-American Commission on Human Rights, approved by the Commission at its 660th
Meeting, 49th Session, held on 8 April 1980, and modified at its 70th Session, at its 938th meeting, held on 29 June 1987, published in
OAS doc. OEA/Ser.L/V/II.82, doc. 6, rev. 1, July 1, 1992, Basic Documents Pertaining to Human Rights in the Inter-American System, p. 121.
31 See OAS doc. OEA/Ser.L/V/II.111, doc. 20 rev., Annual Report of the Inter-American Commission on Human Rights 2000, Annex 1;
the text of this report can be found at the following web site: http://www.cidh.oas.org/annualrep/2000eng/TOC.htm.
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