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International Human Rights by Siomara Umaña: Primary Sources

International Human Rights, specifically within the Inter-American System

Multi-Lateral Treaties (General)

"This treaty, which was adopted in 1969 and entered into force in 1978, enforces much of the notions contained in the American Declaration of the Rights and Duties of Man. As a treaty, it is binding only on the nations that have signed it. It focuses mainly on civil and political human rights, and offers more detailed definitions of these rights than the Declaration does. The treaty also created the Inter-American Court of Human Rights. It offered signatories a chance to sign on to an additional protocol to accept the Court's jurisdiction. Like the Declaration, the Convention contains a "general limitation clause", stating that the rights of each person are necessarily limited by the rights of others, by the security of all, and by the just demands of the general welfare in a democratic society. The Convention also lists additional justifiable reasons for restricting rights, including: national security, public safety, public order, public health or morals, and the rights or freedoms of others. Additionally, Article 27 permits the suspension of some rights during a national emergency. In this case, a limitation of rights must be non-discriminatory and "strictly required by the exigencies of the situation." Finally, although the Convention did not specifically ban "disappearances", the General assembly has held that disappearances are considered crimes against humanity."

INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE (1985)

"This Convention was adopted in 1985 and entered into force on February 28, 1987. It defines tortuous acts and renders them illegal; it states who may be prosecuted as a torturer, notably mentioning that "following orders" will not be considered a justifiable excuse for the infliction of torture. It notes that no exceptional circumstances, neither times of war nor potential danger of a prisoner, justifies the use of torture; it also lists legal remedies available to torture victims. States, in signing, agree to adopt national legislation following the guidelines set forth by this treaty, making any form of torture illegal under any circumstance. Additionally, parties to the Convention agree to include torture under their list of extraditable crimes."

ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS "PROTOCOL OF SAN SALVADOR" (1988)

"This Additional Protocol was adopted in 1988 and entered into force on November 16, 1999. It focuses on the state's obligation to promote social, economic, and cultural human rights, such as those related to labor laws, health issues, education rights, economic rights, rights relating to the family, and rights of children, the elderly, and the handicapped. It demonstrates that states may fulfill these obligations through enacting legislation, enforcing measures of protection, and refrain from discrimination."

PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY (1990)

"This Protocol was adopted on June 8, 1990. Any nation that is a party to the American Convention on Human Rights may sign this Protocol. Those states that sign the Protocol agree to eliminate the death penalty, although they may declare, upon signing, the intent to retain the death penalty in wartime for serious military crimes, in keeping with international law. In this case, the state is obligated to inform the OAS Secretary General of its national legislation regarding the use of the death penalty during times of war."

INTER-AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF PERSONS (1994)

"This Convention was adopted in 1994 and entered into force on March 28, 1996. It defines forced disappearance as when an agent of the state or an individual or group, under knowledge and consent from the state, deprives a person of liberty and fails to acknowledge this deprivation, thus prohibiting the person from any access to legal remedies. State parties to this Convention have agreed to ban forced disappearances and to punish those who attempt to commit this crime. It specifies that one cannot use the excuses of "following orders" or "military duty" as a rationale for avoiding punishment for this crime, nor can any exceptional circumstances, such as war time, justify or legalize this act. It continues to define rights of those victims of forced disappearance. The Convention also provides that when the Inter-American Commission on Human Rights receives communication regarding an alleged incident of forced disappearance, it will confidentially contact the government in question for details concerning the situation, regardless of whether or not the petition (or communication) is admissible."

Multi-Lateral Treaties (Women)

INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT AND ERADICATION OF VIOLENCE AGAINST WOMEN "CONVENTION OF BELEM DO PARA" (1994)

"This Convention was adopted in 1994 and entered into force on March 5, 1995. It defines violence against women as being gender based and having a negative affect on a woman's physical, sexual, or psychological well-being. It lists rights of women, including freedom from violence in both the public and private sphere, as well as freedom from discrimination. State parties are held responsible for not committing violence against women, for preventing such violence from occurring, for enacting appropriate relevant legislation prohibiting such violence, for providing women a just legal recourse in the case of violence, and to promote social awareness and cultural acceptance of these rights of women. Signature states must also include a report on the treatment of women within the state in its annual report to the Inter-American Commission of Women. Additionally, any individual of a member state may send a petition to the Inter-American Commission on Human Rights regarding a violation of Article 7 of the Convention, which list women's rights."

 

Multi-Lateral Treaties (Disability)

INTER-AMERICAN CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES (1994)

"This Convention was adopted on June 7, 1999. It defines the term "disability" as well as the phrase "discrimination against persons with disabilities". It is designed to allow disabled persons to fully integrate within society without being unjustly excluded on the basis of their disability. It calls for states to further justice for the disabled through legislation, social initiatives, education for the disabled and for others regarding acceptance of those with disabilities, and making buildings, methods of communication, recreation, offices, and homes available to be accessed by the disabled.

The Convention also stipulates the forming of a Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities upon the ratification of the treaty. The Committee will be composed of one representative per signatory state and will be in charge of evaluating state reports, sent every four years, on the progress of fulfilling the Convention's measures for eliminating discrimination against the disabled."

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