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International Human Rights by Siomara Umaña: Thematic Rapporteurships and Units

International Human Rights, specifically within the Inter-American System

Human Right Defenders

"During its 141st session, held in March 2011, the IACHR decided to create an Office of the Rapporteur on the Situation of Human Rights Defenders, in view of the petitions it has received and in the interest of giving greater visibility to the important role human rights defenders and justice operators have in building a democratic society in which the rule of law is in full effect. As a result, the Unit has now been turned into the Office of the Rapporteur.

Through its various tasks, the Office of the Rapporteur closely follows the situation of all persons who work to defend rights in the region, including the situation of justice operators."

Rights of Women

"In accord with the basic principles of equality and nondiscrimination underlying the instruments of the inter-American human rights system, the Office of the Rapporteur on the Rights of Women focuses specifically on women’s rights and gender equity and equality. Since it was established in 1994, this office has played a critical role in the Commission’s task of protecting the rights of women. It has published studies on particular issues, helped to develop new jurisprudence on this subject within the individual case system, and supported research on various issues that affect the rights of women in specific countries of the region, through its country visits and reports. One of the basic principles that informs its work and is reflected in everything it does is the need to incorporate a gender perspective in the planning and implementation of public policies and in decision-making in all Member States.

More specifically, the Office of the Rapporteur raises awareness about the need to take new steps to ensure that women are able to exercise their basic rights; makes specific recommendations that encourage States to meet their priority obligations for equality and nondiscrimination; promotes mechanisms that the inter-American human rights system provides to protect women’s rights, such as the lodging of individual complaints on violations; prepares specialized studies and reports in this area; and assists the Commission in responding to petitions and other reports of violations of these rights in the region."

Rights of Lesbian, Gay, Bisexual, Trans, and Intersex (LGBTI) Persons

"Gay, lesbian, bisexuals, trans and intersex persons have historically been discriminated against on the basis of their sexual orientation, gender identity and gender expression, and continue to be victims of discrimination, violence, persecution and other abuses; which infringes on their human rights protected by international and inter-American instruments. [...] 

Thus, the IACHR included in its Strategic Plan, the Plan of Action 4.6.i which specifically addresses the rights of these persons. During the 141st Period of Sessions in March 2011, the IACHR decided to give special thematic emphasis to the rights of lesbian, gay, bisexual, trans and intersex persons (LGTBI) since it was “deeply concerned over the information it has received in recent years on the de jure and de facto discrimination against these persons, the effects of this discrimination on every aspect of their lives, and in particular the intolerable levels of violence to which they are subject in States of the hemisphere. In the coming months, the Commission will study this type of discrimination and its effects from different angles, and it has accepted the OAS General Assembly's request to prepare reports on the state of the rights of LGBTI persons in the region. In addition, in the exercise of its functions, the IACHR will continue to process cases and offer guidance to the States in this area”. "

Rights of Migrants

"The Rapporteurship on the Rights of Migrants undertakes promotional work regarding human rights issues pertaining to this population. The principal objectives of the Rapporteurship include:

(a)To generate awareness of the states’ duty to respect the human rights of migrant workers and their families;

(b)To make specific recommendations to the member states on areas related to the protection and promotion of the rights of migrant workers and their families, so that they adopt measures in their favor;

(c)To prepare reports and special studies on the situation of migrant workers and, more broadly, studies on issues pertaining to migration; and

(d)To act promptly on petitions or communications in which it is noted that the human rights of migrant workers and their families are violated in any member state of the OAS."

Thematic Rapporteurships and Units

"Starting in 1990, the Inter-American Commission began creating thematic rapporteurships in order to devote attention to certain groups, communities, and peoples that are particularly at risk of human rights violations due to their state of vulnerability and the discrimination they have faced historically. The aim of creating a thematic rapporteurship is to strengthen, promote, and systematize the Inter-American Commission's own work on the issue. The IACHR had the same goal in mind when it created the Unit for Human Rights Defenders in 2001, which in 2011 was transformed into a Rapporteurship."

Rights of Persons Deprived of Liberty

"Since its earliest days, the Inter-American Commission on Human Rights has devoted particular attention to the situation of persons deprived of liberty in the Americas. From its first special country reports, on Cuba and the Dominican Republic, to the ones on Venezuela and Honduras, adopted in December 2009, the Inter-American Commission has consistently referred to the  rights of persons deprived of liberty. Along these lines, visits to detention centers have been a constant part of the more than 90 onsite visits this autonomous OAS body has made in the last 40 years. In addition, in the context of its litigation-related mandate, in the period 2000-2010, the Inter-American Commission has approved 59 admissibility reports and 29 reports on the merits and granted 52 precautionary measures related to violations of the human rights of persons deprived of liberty. [...]

Subsequently, during its 119th session, in March 2004, the Inter-American Commission formally established the Office of the Rapporteur on the Rights of Persons Deprived of Liberty in the Americas and designated Commissioner Florentín Meléndez Padilla, of El Salvador, as its first Rapporteur; he remained in the post until December 2009."

Rights of Children

"The Office of the Rapporteur on the Rights of the Child of the Inter-American Commission on Human Rights was created during its 100th regular session held in Washington D.C. from September 24 to October 13, 1998, for the purpose of bolstering respect for the human rights of children and adolescents in the Americas. One of the seven Commissioners designated by the Inter-American Commission on Human Rights is responsible for the rapporteurship.

The Rapporteurship on the Rights of the Child cooperates with the analysis and evaluation of the situation of the human rights of children in the Americas. The Rapporteurship provides advice to the IACHR in the proceedings of individual petitions, cases and requests of precautionary and provisional measures which address the rights of the child. Likewise, the Rapporteurship undertakes on site visits in the OAS Member States and prepares studies and publications."

Rights of Afro-descendants

"During its 122nd period of sessions (February 23 – March 11, 2005), the Inter-American Commission created the Rapporteurship on the Rights of Persons of African Descent and against Racial Discrimination. The Office of the Rapporteur was charged with dedicating itself to activities of stimulating, systematizing, reinforcing and consolidating the action of the Inter-American Commission on the Rights of Persons of African Descent and against Racial Discrimination.

The core objectives of the Office of the Rapporteur include working with OAS member States to generate awareness regarding States’ duty to respect the human rights of afro-descendants and on the elimination of all forms of racial discrimination, analyzing the current challenges that confront countries of the region in this area, formulating recommendations designed to overcome the obstacles, identifying and sharing best practices in the region with respect to this matter, and providing any technical assistance requested by member States in the implementation of the recommendations in national law and practice."

Indigenous Peoples

"For the inter-American system and those who work in it, the promotion and protection of the rights of indigenous peoples is a matter of special importance. In 1972, the Commission affirmed that for historical reasons, and based on moral and humanitarian principles, States had a sacred duty to provide special protection to indigenous peoples. In 1990, the Commission established the Office of the Rapporteur on the Rights of Indigenous Peoples in order to focus special attention on indigenous peoples in America, many of whom are exposed to human rights violations because of their special vulnerability, and to strengthen, give impetus to and organize the Commission’s activities in this regard.

Since the 1980s, the Commission has systematically spoken on the rights of indigenous peoples in special reports; and through the case system, in admissibility reports, country reports, reports on friendly settlements, the mechanism of precautionary measures, as well as through requests for orders and provisional measures filed with the Inter-American Court."

Unit on Economic, Social, and Cultural Rights

"During the 146th regular session, held from October 29 to November 16, 2012, the Inter-American Commission on Human Rights, in accordance with its commitment to strengthen its work to protect and promote economic, social, and cultural rights, and in response to suggestions made by the States and by civil society, decided to create a Unit on Economic, Social, and Cultural Rights, led by Commissioner Rose-Marie Antoine.

Through this Unit, the IACHR will continue its collaborative efforts with the OAS Working Group on Economic, Social, and Cultural Rights. The Commission's representative on the Working Group is Commissioner Rose-Marie Antoine. During the 146th session, the IACHR also designated Commissioner Rosa María Ortiz as alternate representative to the OAS Working Group."

Freedom of Expression

"The Office of the Special Rapporteur was created to stimulate awareness of the importance of the full observance of the right to freedom of expression and information in the hemisphere, given the fundamental role that this right plays in the consolidation and advancement of the democratic system.

During the Second Summit of the Americas the Heads of State and Government of the Americas recognized the fundamental role of freedom of thought and expression, and noted their satisfaction regarding the creation of the Special Rapporteurship and expressed their commitment to support the Office. During the Third Summit of the Americas, held in Quebec City, Canada, the Heads of State and Government ratified the mandate of the Office of the Special Rapporteur. The OAS General Assembly has on various occasions expressed its support for the work of the Office of the Special Rapporteur and entrusted it with follow-up or analysis of issues related to freedom of expression."

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