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ORGANISATION OF AMERICAN STATES (OAS) - Coggle Diagram
ORGANISATION OF AMERICAN STATES (OAS)
Created in 1948 by the OAS Charter
35 member States
Principle Legal Instruments
American Convention on Human Rights (1969)
Mainly focuses on civil and political rights but in 1988, added an additional protocol in the Area of Economic, Social, and Cultural Rights (The Protocol of San Salvador)
CREATED THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
American Declaration on the Rights and Duties of Man (1948)
it enshrines jus cogens rights and rights otherwise part of customary international law.
As such those rights are applicable to and binding on all members of the OAS irrespective of acceptance
First international instrument listing universal human rights and proclaiming the need to protect them
35 members signed
Not 100% focused on Human Rights, also focused on economic and security measures
Documents
American Declaration of the Rights and Duties of Man (1948)
American Convention on Human Rights (1969)
Created the
Inter-American Court of Human Rights
OAS Charter (1948)
Created the OAS
ORGANS
Inter-American Court of Human Rights (1969)
If Individual Complaints can't be resolved transferred to the court
The matter can be transmitted to the Court provided that the
additional protocol which establishes the jurisdiction of the Court has been signed by the State concerned
20 opted to accept jurisdiction
contentious
jurisdiction: Contentious jurisdiction is the Court’s power to decide in disputed matters
advisory jurisdiction
: Advisory jurisdiction is the power of the Court to give advisory opinion on specific issues of law
advisory jurisdiction goes beyond the States Parties to the Convention. Any OAS member State, can request the Court
Inter- American Commission on Human Rights (1959)
function:
oversee + hear petitions/complaints against OAS Member States about human rights abuses
monitoring particular situations of alleged human rights violations and makes recommendations to the States involved – The Commission carries out
on-site visits, investigations and produces reports
promoting respect for human rights
Members:
7 expert independent members
elected by the
OAS General Assembly
COMPLAINTS PROCECURE: Individual/Collective Complaints accepted
1) Exhaustion of local remedies
2) Complaint deemed admissible.
3) Requests government of State to respond to the petition/complaint within a specific period
4) Expiry of period, committee decides whether to investigate complaint in full
5) The Commission will then attempt secure a friendly settlement
6) If an appropriate friendly settlement is reached, then the Commission will draw up a report: summarising facts + solutions reached
7) Should the attempts to secure a friendly settlement fail, the Commission draws up a report, which includes recommendations
8) This report is given to the State concerned and a period of 3 months then elapses to facilitate settlement by the State
or the transmission of the matter to the Court either by the Commission or by the State
CHALLENGES:
CHRONIC UNDERFUNDING
Lack of universality – Only 22 Members States of the OAS has ratified the ACHR
The Inter-American system
lacks a formal institutional mechanism to enforce State compliance with the judgments of the Court
Under the ACHR, in case of non-compliance, the Court can inform the OAS General Assembly and make recommendations