Benefits and weaknesses of the Inter-American process of individual cases

Author: Gabriela Rosas

 

The Inter-American system of human rights is a regional system for the promotion and protection of human rights and is composed of two bodies:

1. Inter-American Court aims to interpret and apply the American Convention and other inter-American human rights treaties, in particular, through the issuance of rulings on cases and advisory opinions.

2. The Inter-American Commission on human rights is an organ of the Organization of American States whose main function is to promote the observance and defense of human rights in the Americas region.

Relations between the Commission and the Court are given only in the framework of individual requests, object of this work, and the non contentious jurisdiction of the Court, that it can be put in motion by the Commission as a body of the OAS. To bring a case to the Court it is necessary that all stages of the procedure are completed before the Commission. This involves the submission of a complaint; the possibility that the State against which presents answer; a trial period; the possibility of that State and alleged victim would agree on an amicable settlement; and the adoption of a first report by the Commission and its transmission to the State, letting you know, if it considers that there has been a violation, is rape, and recommendations that are fulfilled within a period.

Is certainly important to note that a situation of disadvantage in these processes presented the individual petitions before the Inter-American Commission on human rights, in context since it shows an unequal protection system; therefore a slow system in which the appreciation and the redefinition of the role of the Inter-American protection is important.

Finally, the international law of human rights has developed standards regarding the right to judicial remedies and other resulting suitable and effective to claim for the violation of fundamental rights, is an extraordinary breakthrough in this matter, but what really matters is the effectiveness and efficiency with which it operates. In that regard, the obligation of States to promote human rights is fundamentally positive, in order to organize the institutional apparatus so that all individuals can have access to them or if you see violated access to resources allowing to reconsider them in the system, avoiding obstacles regulatory, social, economic, etc.

Bibliography:

http://www.oas.org/dil/treaties_A-41_Charter_of_the_Organization_of_American_States.htm