American Convention on Human Rights

The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into force after the eleventh instrument of ratification (that of Grenada) was deposited on 18 July 1978. The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into force after the eleventh instrument of ratification (that of Grenada) was deposited on 18 July 1978. The bodies responsible for overseeing compliance with the Convention are the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, both of which are organs of the Organization of American States (OAS). According to its preamble, the purpose of the Convention is 'to consolidate in this hemisphere, within the framework of democratic institutions, a system of personal liberty and social justice based on respect for the essential rights of man.' Chapter I establishes the general obligation of the states parties to uphold the rights set forth in the Convention to all persons under their jurisdiction, and to adapt their domestic laws to bring them into line with the Convention. The 23 articles of Chapter II give a list of individual civil and political rights due to all persons, including the right to life 'in general, from the moment of conception', to humane treatment, to a fair trial, to privacy, to freedom of conscience, freedom of assembly, freedom of movement, etc. Article 15 prohibits 'any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitement to lawless violence or to any other similar action against any person on any grounds including those of race, color, religion, language, or national origin' to be considered as offence punishable by law. This provision is established under influence of Article 20 of the International Covenant of Civil and Political Rights. The single article in Chapter III deals with economic, social, and cultural rights.The somewhat cursory treatment given to this issue here was expanded some ten years later with the Protocol of San Salvador (see below). Chapter IV describes those circumstances in which certain rights can be temporarily suspended, such as during states of emergency, and the formalities to be followed for such suspension to be valid. However, it does not authorize any suspension of Article 3 (right to juridical personality), Article 4 (right to life), Article 5 (right to humane treatment), Article 6 (freedom from slavery), Article 9 (freedom from ex post facto laws), Article 12 (freedom of conscience and religion), Article 17 (right to family), Article 18 (right to the name), Article 19 (rights of the child), Article 20 (right to nationality), or Article 23 (right to participate in government). Chapter V, with a nod to the balance between rights and duties enshrined in the earlier American Declaration of the Rights and Duties of Man, points out that individuals have responsibilities as well as rights. Chapters VI, VII, VIII, and IX contain provisions for the creation and operation of the two bodies responsible for overseeing compliance with the Convention: the Inter-American Commission, based in Washington, D.C., United States, and the Inter-American Court, headquartered in San José, Costa Rica.