Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
(freedom from ex post facto laws); article 12 (freedom of conscience and religion);
article 17 (rights of the family); article 18 (right to a name); article 19 (rights of the
child); article 20 (right to nationality); article 23 (right to participate in government);
and “the judicial guarantees essential for the protection of such rights”
(emphasis added);29
v the condition of strict necessity: a State party may only “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” (art. 27(1));
v the condition of consistency with other international legal obligations: the
measures of derogation taken by the State party must not be “inconsistent with its
other obligations under international law”, such as obligations incurred under other
international treaties or customary international law (art. 27(1));
v the condition of non-discrimination: the measures of derogation must “not
involve discrimination on the ground of race, colour, sex, language, religion, or
social origin” (art. 27(1)); and, finally,
v the condition of international notification: in order to avail itself of the right to
derogate under article 27(1), the State party must also comply with the conditions in
article 27(3), whereby it “shall immediately inform the other States Parties, through
the Secretary-General of the Organization of American States, of the provisions the
application of which it has suspended, the reasons that gave rise to the suspension,
and the date set for the termination” thereof.
When derogating from their obligations under article 27 of the American
Convention on Human Rights, States Parties must comply with:
l the condition of exceptional threat;
l the condition of non-derogability of certain obligations;
l the condition of strict necessity;
l the condition of consistency with other international obligations;
l the condition of non-discrimination; and
l the condition of international notification.
3.1.5 The implementation mechanism
The inter-American system for the protection of human rights comprises, in
the first instance, the Inter-American Commission on Human Rights and, in the second
instance, the Inter-American Court of Human Rights for those States parties having
accepted its jurisdiction. In the present context the procedures concerned will be
explained in general terms only:
29 The words “judicial guarantees essential for the protection of such rights” have, inter alia, been interpreted in two Advisory
Opinions by the Inter-American Court of Human Rights, which will be dealt with in further detail in Chapter 16.
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