American Human Rights Convention

American Human Rights Convention

Background and emergence

The states of the American continent were together since the end of the 19th century, to be more exact since 1890, in the Pan American Union. In the space of this organization, several specific initiatives linked to the protection of human rights were carried out, mainly with what had to do with political asylum, they did not reach a systematic character much less to the creation of some protection organ of these rights. The situation was similar to that of the rest of the world, in the context of the Nations Society, which was created at the end of World War I did not establish a human rights protection system.

Now, we must mention that, together with the creation of the OAS in 1948, the states that had attended for their establishment welcomed the American Declaration of Rights and Duties of Man. As we can take into account, these events occurred in the same year of the adoption of the Universal Declaration of Human Rights (Doubh) by the United Nations (UN). The direction of the OAS and the UN in the issue of human rights, ended there, since its march was continued in the subsequent years, although slowly, in the OAS no follow -up occurred in the following eleven years to establish Institutional protection mechanisms.

In the fifties, two pacts on women’s rights were approved: "The Inter -American Convention on Women’s Nationality" and "The Inter -American Convention on granting political rights to women".

But to the lack of mechanisms it was insufficient, there was an "Inter -American Human Rights System" being this very rigorous. Just in 1959, in response to the Cuban Revolution and the information that circulated that the Trujillo dictatorship, the "Inter -American Commission on Human Rights (IACHR)" is created in the OAS ". This happened at a meeting of foreign ministers commemorated in Santiago de Chile, which shows the eventuality of the creation of said commission, entering into functions in 1960, once its statute is approved.

It was adopted by the political bodies of the OAS, received a series of powers. What:

1. The preparation of studies and reports that will be considered necessary for the performance of their functions.
2. The promotion of human rights.
3. The formulation of recommendations to governments in these matters.
4. The request for information to the states about the measures adopted internally
5. And serve as an OAS consultation body in human rights.

During its first session, the commission enhanced in the interest of reaching said function by knowing the political bodies of the OAS, since its creation in 1960 the commission began to receive complaints, without declaring them inadmissible since they would serve as the basis For the preparation of reports on countries. For almost 20 years, and until the entrance of the Inter -American Court of Human Rights (IACHR) in 1979, the Commission always operated as the only protection mechanism, and did so in numerous dictatorial governments.

During the first years of functions (Morales) says that "the Commission carried out reports on: Ecuador, Cuba, Paraguay, Haiti, Nicaragua, Guatemala, Honduras and the Dominican Republic". In 1966 the commission obtained the function of managing and deciding cases on human rights. However, during 1960 to 1990, the main task of this continued to be the publication of reports on countries. Adoption of the American Convention on Human Rights. The adoption of the OAS of a General Treaty to Human Rights was finally completed on November 22, 1969 with the Registry of the American Convention on Human Rights. Thus, the UN itinerary continued, which three years before would have adopted the "International Covenant on Civil and Political Rights" and the "International Covenant on Economic, Social and Cultural Rights". After about two decades of promises.

Now, let’s open a question How did the States approved the Convention in 1969? Well, it can be said that in certain states there was no intention to approve the convention, but the United States supports it in 1969, since in the rest of the cases it was about the Caribbean states that at that time did not belong to the OAS. On the other hand, at the time of supporting the Convention in 1969 a non -remarkable number of states thought about their provisions in the same way as they have been memorable to intuit the guarantees.