Inter-American system of human rights protection Essay Example for Free

secrete-Ameri tummy schema of homophile comely(a)s protection Essay benignant being Rights atomic number 18 certain inherent, inalienable, immutable, inviolate freedoms and rights of man which no one give the sack rec each(prenominal) away. These include the right to life, liberty, re holdity and dignity. The unite solid grounds of America recognizing these rights established the Inter American system of adult male Rights by adopting the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights. pursuant(predicate) to the adoption of these instruments the Inter American c atomic number 18 on Human Rights and the Inter American act of Human Rights were established to promote and protect Human Rights of individuals. PART A1. It is pertinent to note that the Inter American billing on Human Rights primarily slangks to promote consciousness about Human Rights amongst the people of the country. Its functions primarily include rece iving complaints, analyzing and investigating them. It has powers of observation and collection of data regarding Human Rights violations in the member cites. It can in like manner visit on site and conduct seminars and meetings to promote awareness regarding Human Rights. When a complaint is referred to the counseling, it can after conducting its investigation and analysis publish a work and turn on it to the allege.This report is recommendatory in record and not mandatory. Hence the Commission can only recommend that the evince take due rule of the human rights violations and take appropriate reparatory measures. In the alternative, the Commission can try out opinion from the Inter American judiciary of Human Rights. So also, in the pre move content, the Commission has no powers to follow up the legality fixed down by the State of Colorado but can only request the State to take precautionary measures so as to ensure that human rights are not infringed upon. 2.With r espect to the second question, it is seen that as per Article 2 of the Statute of the Inter American solicit of Human Rights, the Court has adjudicatory jurisdiction vis a vis a human rights violation brought before it by the Commission or any process State of the Organization of American States. The said Article refers to Articles 61-63 of the American convention on Human Rights which all the way state that the Court can drift the State to allow the human being to enjoy his human right and also order for either monetary or non monetary compensation for the injury so caused.Such an order passed by the American Court would be binding on the State. The provision advertise clarifies that in lawsuit an act or omission on the part of the State would cause irreparable loss 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 present contingency, the Inter American Court of Human Righ ts can enforce the law requiring the Colorado State police to arrest an individual disobeying the restraining order. 3. In the present eggshell mixed provisions of the various human rights enactments are violated.The Commission can primarily seek to apply Articles 1, 5, 6, 9, 18 24 of the American Declaration of the Rights and Duties of Man. Article 1 of the American Declaration states that all persons fork over equal right to life, liberty, and personal security. Article 5 6 deal with a persons right to protection of self as closely 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 court for remediate. A brief reading of the petition 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 get together States have not ratified this Declaration. Further Article 11 of the American Convention on Human Rights wh ich deals with a persons right to protect his honor and home and also gives him the right to seek judicial remedy in persona of infringement is another provision that the Commission can consider and apply to this finical eccentric. According to the Inter-American Convention 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 disappearance of others.This clause has been violated by the married man of the prayer who allegedly kidnapped their daughters and the police department can be held liable as they stood mute spectators to the wholly thing. Article 7 of the Convention of Belem do Para (the Inter-American Convention on the Prevention, penalty, and Eradication of frenzy against Women) condemns all forms of violence against women and seeks to punish such persons who have committed such crimes by enacting proper laws and proper investigation.The Convention also requires that the State shoul d enact and adopt such laws which ordain help refrain a person from committing such acts of harassment and also ensure that persons who are victims of such violence are assumption timely and proper hearing. This is a right guaranteed to all women and more so to women who are victims of domestic violence. The police in this particular courting having full knowledge of the fact that the petitioner was a victim of domestic 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 basic kinds of jurisdiction available to the Court in general. legal power of the Inter American Court is broadly classified into Provisional, Advisory and Adjudicatory or contentious Jurisdiction. In provisional jurisdiction, the Court has the power to act in pips that are grave and imperative and require immediate intervention without wh ich grave harm 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 treaty (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 designation the jurisdiction to the Court.An illustration to explain this point 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 t hat the Inter American Court cannot naturally assume the role of an appellate authority. It cannot make right any wrong finding of the national courts.However, if there is a perfect(a) violation of the human rights enshrined in any treaty and if this gross violation were to cause irreparable harm to the individual, hence the Inter American Court may throw in 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 accustomed 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 wherefore the Commission testament send it brook to the petitioner 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 retort, for which the State is given two months time. However, in serious and urgent cases, the State is asked to respond immediately. This is done to ensure the veracity of the petition and to ensure that the petition still subsists. The bang 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 verify 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 first 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 exhausted 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 six 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 Supreme Court of the United States has also rejected the petition of the petitioner and has passed its final 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 report 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 collect 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 adequate measures to combat domestic violence and that the remedies in the domestic judicial system are adequat e 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 going through the written observations submitted by both parties, the Commission will deliberate on the merits of the case and formulate a report. 7. The first document that the Commission publishes in response to a case is the admissibility report 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 Preliminary report on the merits of the case. This report contains the prior observations and the recommendations of the Commission. 8. If the Commission feels that there is no violation, then the report is published and sent immediately to all parties conce rned. In case the Commission feels that some provisions have indeed been violated then a front 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 with the same within three m onths 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 crossways to all parties concerned and make a note of it in its Annual report. The Commission should take energetic 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 recognized 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 the petitioner has not a chieved any major reliefs but has only obtained a theoretical order that envisages the ideal situation vis a vis human rights.