Inter-American system of human rights protection Essay

homosexual Rights argon certain inherent, inalienable, immutable, inviolate freedoms and rights of man which no one(a) flush toilet take away. These include the right to life, liberty, commensurateity and dignity. The united secernates of the state of matters recognizing these rights established the suppress Ameri squirt governing body of man Rights by adopting the American solution of the Rights and Duties of Man and the American ruler on Human Rights. consistent to the adoption of these instruments the immerse American deputation on Human Rights and the repose American law of naturecourt of Human Rights were established to promote and protect Human Rights of individuals.PART A1. It is pertinent to note that the Inter American instruction on Human Rights primarily adjudicates to promote consciousness approximately Human Rights amongst the people of the country. Its functions mainly include receiving bangs, analyzing and investigating them. It has powers of obse rvation and collection of data regarding Human Rights entrancements in the member bring ups. It can also visit on site and conduct seminars and meetings to promote aw beness regarding Human Rights. When a complaint is referred to the missionary post, it can after conducting its investigation and analysis publish a treat and send it to the secern.This newspaper publisher is recommendatory in nature and not mandatory. Hence the kick can only recommend that the State take due visiting card of the gentleman rights violations and take appropriate reparatory measures. In the alternative, the armorial bearing can desire opinion from the Inter American Court of Human Rights. So also, in the perplex racing shell, the agency has no powers to enforce the law laid complicate by the State of Colorado but can only pray the State to take preventive measures so as to determine that piece rights are not infringed upon. 2.With respect to the second question, it is seen that as pe r Article 2 of the Statute of the Inter American Court of Human Rights, the Court has adjudicatory jurisdiction vis a vis a human rights violation brought before it by the heraldic bearing or any element State of the Organization of American States. The said Article refers to Articles 61-63 of the American convention on Human Rights which clearly state that the Court can order the State to everyow the human being to enjoy his human right and also order for either monetary or non monetary compensation for the injury so caused. much(prenominal) an order passed by the American Court would be binding on the State. The prep further clarifies that in case an act or failure on the part of the State would cause irreparable qualifying to the person, the Commission can take such provisional measures to ensure that the irreparable loss is not caused. It would thus transpire that in the fork out case, the Inter American Court of Human Rights can enforce the law requiring the Colorado State police to arrest an individual disobeying the restraining order. 3. In the present case heterogeneous viands of the various human rights enactments are profaned.The Commission can primarily test to apply Articles 1, 5, 6, 9, 18 & angstrom unit 24 of the American Declaration of the Rights and Duties of Man. Article 1 of the American Declaration states that all persons dedicate equal right to life, liberty, and personal security. Article 5 & 6 take away with a persons right to protection of self as well as family. Article 9 talks about a persons right to inviolability of home while 18 & 24 talks of fair trial and the right to approach the courtroom for remedy. A brief reading of the call for tells us how each of these rights have been violated by omission to act on the part of the State.These clauses are applicable even if the United States have not ratified this Declaration. make headway Article 11 of the American pattern on Human Rights which deals with a perso ns right to protect his honor and home and also gives him the right to render judicial remedy in case of infringement is another provision that the Commission can consider and apply to this particular case. According to the Inter-American form on Forced Disappearance of Persons, a duty is laid on the State to punish those persons or their accomplices who commit the crime of forced slice of others.This clause has been violated by the husband of the requester who allegedly kidnapped their daughters and the police department can be held liable as they stood mute spectators to the entirely thing. Article 7 of the Convention of Belem do Para (the Inter-American Convention on the Prevention, Punishment, and annihilation of Violence against Women) condemns all forms of violence against women and seeks to punish such persons who have committed such crimes by enacting proper(a) laws and proper investigation.The Convention also requires that the State should enact and adopt such laws wh ich pull up stakes stand by refrain a person from committing such acts of harassment and also ensure that persons who are victims of such violence are given fourth dimensionly and proper hearing. This is a right guaranteed to all women and more so to women who are victims of interior(prenominal) violence. The police in this particular case having full knowledge of the incident that the requester was a victim of municipal violence chose to ignore her pleas and thereby ignore this provision. 4.Prior to considering the kind of jurisdiction that the Inter American Court of Human Rights would have in this present case, it is necessary to list the staple kinds of jurisdiction available to the Court in general. Jurisdiction of the Inter American Court is broadly classified into Provisional, Advisory and Adjudicatory or bellicose Jurisdiction. In provisional jurisdiction, the Court has the power to act in situations that are grave and urgent and require immediate intervention without which grave wrong(p) shall be caused to the victim (Buergenthal, 1982, p.241).In Advisory Jurisdiction the Court can give its opinion on the various provisions of the Convention as well as other treaties and also opinionate on the compatibility of the domestic law with any accord (Buergenthal, 1982, p. 242). In order to avail the adjudicatory or contentious jurisdiction is concerned, it is necessary that the member States subject themselves to the jurisdiction of the Inter American Court (Pasqualucci, 2003, p. 88). It is also necessary for the Convention or treaty in question to grant the jurisdiction to the Court.An illustration to explain this elevation would be that the Inter American Convention on the Prevention, Punishment and Eradication of Violence Against Women very clearly states that the Commission has only advisory jurisdiction and no contentious jurisdiction in respect of complaints filed under its provisions (Pasqualucci, 2003, p. 91). The jurisdiction clause also states that the Inter American Court cannot course assume the role of an appellate authority. It cannot make right any wrong decision of the national courts.However, if there is a gross violation of the human rights enshrined in any treaty and if this gross violation were to cause irreparable harm to the individual, past the Inter American Court may intermeddle and record that the proper procedures as laid down in the treaties were not followed. In the present case, the United States by virtue of having ratified the American Convention, has given people the individual right to approach the Commission for violation of human rights.However, this jurisdiction in advisory in nature and not adjudicatory as it has not yet subjected itself to the jurisdiction of the Inter American Court. Thus any person through the Commission can seek the advisory jurisdiction of the Inter American Court even if the Member State has not subjected itself to the jurisdiction of the Court (Buergenthal, 1982 , p. 244) 5. Procedurally, the Commission on receiving a petition shall initially register it and see if it has complied with all the rules of procedure and if the petition does not comply past the Commission will send it nates to the supplicant so as to ensure compliance.Once the petition conforms to the rules then the Commission shall then send relevant parts of the petition to the State for its response, for which the State is given two months period. However, in serious and urgent cases, the State is asked to respond immediately. This is done to ensure the verity of the petition and to ensure that the petition still subsists. The commission may also require the State to present its observations on the admissibility and merits of the case at hand.Once the observations of the parties are submitted or the time period given to each party has lapsed, the Commission will ramble the merits of the case based on the facts before it and decide whether to admit it or reject it. In the present case too the Commission should outgrowth satisfy itself as to the compliance of all the rules of procedure and then seek observations from the State and other parties concerned. 6. The Commission will then confirm as to whether the petitioner has fag all the available domestic remedies.However, in cases where the domestic legislation does not provide for due process of law or where the petitioner is refrained from pursuing domestic remedies then the above provision does not hold true. The Commission has to ensure that the petition before it has been filed within sextet months of receipt of the decision of the domestic remedy. In this case the petitioner has exhausted all the possible domestic remedies and has not been successful in the same. The positive Court of the United States has also rejected the petition of the petitioner and has passed its lowest judgment in the matter.The Commission should then decide on the admissibility of the petition by setting up a workin g group. In the present case, it is seen that the Commission has held the petition admissible. When the Commission finds a petition admissible it creates an admissibility opus that is made public and the case is then registered and the parties are notified of the same. After the case has been registered, the Commission invites additional observations in writing from all parties concerned. A time limit for submitting these observations is set by the Commission.In some cases, the Commission can also convene a hearing to enable the parties to present their points of view. In this case too, the Commission has opened the case and the parties are informed about the same. Additional observations have been requested from the parties and the Commission has in fact convened a hearing. In this case, the United States government has responded by stating that it has taken proper and suitable measures to combat domestic violence and that the remedies in the domestic judicial system are adequate to tackle the problem.In the hearing the Petitioner will be able to present her case before the Commission in person. After hearing the case of both sides and also after personnel casualty through the written observations submitted by both parties, the Commission will believe on the merits of the case and formulate a taradiddle. 7. The first document that the Commission publishes in response to a case is the admissibility promulgate wherein it admits the case and registers it. This report has already been published by the Commission and has been sent to the parties concerned.The Commission has then convened a hearing on the issue and will deliberate on the case after the hearing. The next important document that the Commission publishes is the former report on the merits of the case. This report contains the preliminary observations and the recommendations of the Commission. 8. If the Commission feels that there is no violation, then the report is published and sent immediatel y to all parties concerned. In case the Commission feels that some provisions have indeed been violated then a preliminary report is made and sent to the State along with the recommendations proposed by the Commission.9. In case the State complies with the recommendations given in the preliminary report, the Commission will notify the petitioner as to the same. However, in cases where the State does not comply with the same, the Commission can approach the Inter American Court for adjudication. However, in the present case as the United States has not subjected itself to the jurisdiction of the Court, the said remedy is not available to the Commission in case of non compliance.In the present case, the Commission should deliberate on the observations sent by the parties, investigate on site to determine the veracity of the facts, interview the various concerned individuals and then send its preliminary report to the State along with its recommendations. If the State fails to comply w ith the same within terzetto months of it being sent, the Commission then has to issue a final report that contains its opinion, final conclusions and final recommendations.The Commission should then send it across to all parties concerned and make a note of it in its Annual report. The Commission should take active steps in terms of follow up to evaluate the actual compliance of the recommendations by the parties. 10. In this present case, if the Commission publishes its preliminary report wherein it holds that there has been violation of human rights and recommends certain precautionary measures to the State then it would mean that the petition has succeeded partially.By partially, it is meant that the violation has been recognised by the Commission. However, for the petition to succeed completely, the State has to comply with the recommendations given by the Commission. If the State refuses to accept the recommendations of the Commission, then the petition would have failed as t he petitioner has not achieved any major reliefs but has only obtained a supposed order that envisages the ideal situation vis a vis human rights.