CHAPTER 6. THE AMERICAN CONVENTION ON HUMAN RIGHTS.

1. THE ORIGIN AND HISTORY OF THE CONVENTION.

 The American Convention on Human Rights (“Pact of San José, Costa Rica”)  Adoption: November 22, Entry into force: July 18, 1978  The beginnings of the American Convention go back to the Inter- American Conference held in Mexico in 1945, which entrusted the Inter-American Juridical Committee with preparing a draft declaration. That idea was taken up anew at the Fifth Meeting of Ministers of Foreign Affairs that met in Santiago, Chile, in August 1959, in which it was decided to promote the drafting of a human rights convention. The original draft Convention was prepared by the Inter- American Council of Jurists, submitted to the Permanent Council of the OAS, and opened up for comments by the States and the Inter- American Commission. In 1967 the Commission submitted a new draft Convention. In order to analyze the various drafts, the OAS convened an Inter-American Specialized Conference on Human Rights, which met in San José, Costa Rica from November 7 to 22, The entry into force of the American Convention in 1978 enhanced the effectiveness of the Commission, established an Inter- American Court of Human Rights, and modified the legal nature of the instruments on which the institutional structure is based. 

 In its first part, the American Convention establishes States’ obligations and enunciates the human rights protected thereof. In its second part, the American Convention establishes the means of protection: the IACHR and the I/ACourtHR, which it declares to be organs competent "with respect to matters relating to the fulfillment of the commitments made by the States Parties to this Convention.” As of June , 24 Member States of the OAS are parties to the American Convention.

DEFINITION :

 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 It came into force after the eleventh instrument of ratification (that of Grenada) was deposited on 18 July  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).

PURPOSE OF THE CONVENTION.  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."

THE CONTENT OF THE CONVENTION.  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,  The single article in Chapter III deals with economic, social, and cultural rights.  To a certain extent rapid treatment given to this issue here was expanded some ten years later with the Protocol of San Salvador.

 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).[3]  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.  Chapter X deals with mechanisms for ratifying the Convention, amending it or placing reservations in it, or denouncing it. Various transitory provisions are set forth in Chapter XI.'

ADDITIONAL PROTOCOLS.  In the following years, the states parties to the American Convention have supplemented its provisions with two additional protocols.  The first, the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (more commonly known as the "Protocol of San Salvador"), was opened for signature in the city of San Salvador, El Salvador, on 17 November It represented an attempt to take the inter-American human rights system to a higher level by enshrining its protection of so-called second- generation rights in the economic, social, and cultural spheres. The protocol's provisions cover such areas as the right to work, the right to health, the right to food, and the right to education. It came into effect on 16 November 1999 and has been ratified by 16 nations.

 The second, the Protocol to the American Convention on Human Rights to Abolish the Death Penalty, was adopted at Asunción, Paraguay, on 8 June While Article 4 of the American Convention had already placed severe restrictions on the states' ability to impose the death penalty – only applicable for the most serious crimes; no recall once abolished; not to be used for political offenses or common crimes; not to be used against those aged under 18 or over 70, or against pregnant women – signing this protocol formalizes a state's solemn commitment to refrain from using capital punishment in any peacetime circumstance. To date it has been ratified by 13 nations.