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The American Convention on Human Rights (ACHR), also known as the Pact of San José or by its Spanish name used in most of the signatory nations, ''Convención Americana sobre Derechos Humanos'', is an
international human rights instrument International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be clas ...
. It was adopted by many countries in the
Americas The Americas, sometimes collectively called America, are a landmass comprising the totality of North America and South America.''Webster's New World College Dictionary'', 2010 by Wiley Publishing, Inc., Cleveland, Ohio. When viewed as a sing ...
in San José,
Costa Rica Costa Rica, officially the Republic of Costa Rica, is a country in Central America. It borders Nicaragua to the north, the Caribbean Sea to the northeast, Panama to the southeast, and the Pacific Ocean to the southwest, as well as Maritime bo ...
, on 22 November 1969. It came into force after the eleventh instrument of ratification (that of
Grenada Grenada is an island country of the West Indies in the eastern Caribbean Sea. The southernmost of the Windward Islands, Grenada is directly south of Saint Vincent and the Grenadines and about north of Trinidad and Tobago, Trinidad and the So ...
) was deposited on 18 July 1978. The bodies responsible for overseeing compliance with the Convention are the
Inter-American Commission on Human Rights The Inter-American Commission on Human Rights (the IACHR or, in the three other official languages Spanish, French, and Portuguese language, Portuguese CIDH, ''Comisión Interamericana de los Derechos Humanos'', ''Commission Interaméricaine des ...
and the Inter-American Court of Human Rights, both of which are organs of the
Organization of American States The Organization of American States (OAS or OEA; ; ; ) is an international organization founded on 30 April 1948 to promote cooperation among its member states within the Americas. Headquartered in Washington, D.C., United States, the OAS is ...
(OAS).


Content and purpose

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 Social justice is justice in relation to the distribution of wealth, opportunities, and privileges within a society where individuals' rights are recognized and protected. In Western and Asian cultures, the concept of social justice has of ...
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 Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of a ...
, to freedom of conscience,
freedom of assembly Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of individuals to peaceably assemble and collectively express, promote, pursue, and defend their ideas. The right to free ...
,
freedom of movement Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' ...
, etc. Article 13 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 law An ''ex post facto'' law is a law that retroactively changes the legal consequences or status of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were ...
s), 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), Article 22 ( right of asylum and non-refoulement) 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 The American Declaration of the Rights and Duties of Man, also known as the Bogota Declaration, was the world's first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by less than a y ...
, 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. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
, United States, and the Inter-American Court, headquartered in San José,
Costa Rica Costa Rica, officially the Republic of Costa Rica, is a country in Central America. It borders Nicaragua to the north, the Caribbean Sea to the northeast, Panama to the southeast, and the Pacific Ocean to the southwest, as well as Maritime bo ...
. 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. In the ensuing 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 San Salvador () is the Capital city, capital and the largest city of El Salvador and its San Salvador Department, eponymous department. It is the country's largest agglomeration, serving as the country's political, cultural, educational and fin ...
,
El Salvador El Salvador, officially the Republic of El Salvador, is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south by the Pacific Ocean. El Salvador's capital and largest city is S ...
, on 17 November 1988. 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 work is the concept that people have a human right to work, or to engage in productive employment, and should not be prevented from doing so. The right to work, enshrined in the United Nations 1948 Universal Declaration of Human Ri ...
, the
right to health The right to health is the economic, social and cultural economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international a ...
, the right to food, and the
right to education The right to education has been recognized as a human rights, human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free education, free, pr ...
. It came into effect on 16 November 1999 and has been ratified by 16 nations (see below). The second, the Protocol to the American Convention on Human Rights to Abolish the Death Penalty, was adopted at
Asunción Asunción (, ) is the capital and the largest city of Paraguay. The city stands on the eastern bank of the Paraguay River, almost at the confluence of this river with the Pilcomayo River. The Paraguay River and the Bay of Asunción in the north ...
,
Paraguay Paraguay, officially the Republic of Paraguay, is a landlocked country in South America. It is bordered by Argentina to the Argentina–Paraguay border, south and southwest, Brazil to the Brazil–Paraguay border, east and northeast, and Boli ...
, on 8 June 1990. While Article 4 of the American Convention had already placed severe restrictions on the states' ability to impose the
death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
– only applicable for the most serious crimes; no reinstatement 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 (see below).


Inter-American Court's Interpretation

The Inter-American Court makes a broad interpretation of the American Convention. It interprets it according to the pro homine principle, in an evolutive fashion and making use of other treaties and soft law. The result is that, in practice, the Inter-American Court modifies the content of the American Convention.


Ratifications

, 25 of the 35 OAS's member states have
ratified Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usuall ...
the Convention, while two have denounced it subsequently, and one of the two ratified it repeatedly, leaving 24 active parties:


Canada

The treaty is open to all OAS member states, although to date it has not been ratified by
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
or several of the English-speaking Caribbean nations. The
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
signed it in 1977, but has not proceeded with ratification, with the last hearing held in the U.S. Senate on November 19, 1979. Canada did at one point seriously consider ratification, but has decided against it, despite being, in principle, in favour of such a treaty. The ACHR, having been largely drafted by the predominantly
Roman Catholic The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
nations of Latin America, contains anti-abortion provisions, specifically, Article 4.1: This conflicts with the current legality of abortions in Canada. Although Canada could ratify the convention with a reservation with respect to abortion (as did
Mexico Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...
), that would contradict Canada's stated opposition to the making of reservations to human rights treaties. Another solution would be for the other states to remove the anti-abortion provisions, but that is unlikely to occur due to strong opposition to abortion in those countries.


Denunciation framework

Section 78 of the treaty signifies that parliaments have agreed to a five-year prohibition of denunciation/withdrawal; within the first five years following entry-of-force of the treaty should they seek to denunciate from the treaty.
Pursuant to article 78 of the American Convention on Human Rights: The States Parties may denounce this Convention at the expiration of the five-year period from the date of its entry into force and by means of notice given one year in advance.
The legal entrustment of the treaty also stipulates under the previous section that any attempts at denunciation must be addressed to the Secretary General of the OAS who shall notify other OAS member states, at which time the member state's Parliament must then await a one-year mandatory
sunset Sunset (or sundown) is the disappearance of the Sun at the end of the Sun path, below the horizon of the Earth (or any other astronomical object in the Solar System) due to its Earth's rotation, rotation. As viewed from everywhere on Earth, it ...
period of legal obligation still under the treaty.
Notice of the denunciation shall be addressed to the Secretary General of the Organization, who shall inform the other States Parties.
Further, that article prohibits under the section 78 any ability to relinquish claims of human rights violations for any period prior to that one year sunset time-frame.
Such a denunciation shall not have the effect of releasing the State Party concerned from the obligations contained in this Convention with respect to any act that may constitute violation of those obligations and that has been taken by that state prior to the effective date of denunciation.


Denunciation movements

Trinidad and Tobago denounced the Convention on 26 May 1998 (effective 26 May 1999) over the
death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
issue. Venezuela denounced the Convention on 10 September 2012 accusing the Inter-American Court and Commission to undermine its Government's stability by interfering with its domestic affairs. Necessary reforms of the institution were blocked. Therefore, it would henceforth increase its cooperation with the
United Nations Human Rights Council The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a United Nations Regional Gro ...
. Denunciations, according to Article 78 of the ACHR, become effective one year after having been declared. They do not release the state party from its obligations resulting from acts that have occurred before the effective date of denunciation. In 2019, Venezuela ( Juan Guaidó) re-ratified the convention.


See also

*
Human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
**
Fetal rights Fetal rights or foetal rights (alternatively prenatal rights) are the moral rights or legal rights of the human fetus under Natural law, natural and Civil law (common law), civil law. The term ''fetal rights'' came into wide usage after ''Roe v. ...
**
Women's rights Women's rights are the rights and Entitlement (fair division), entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st c ...
**
International human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ...
*
American Declaration of the Rights and Duties of Man The American Declaration of the Rights and Duties of Man, also known as the Bogota Declaration, was the world's first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by less than a y ...
* International Commission against the Death Penalty (ICDP)


Notes


External links


American Convention on Human Rights (text)

Inter-American Commission on Human Rights

Inter-American Court of Human Rights
{{Authority control Human rights instruments Organization of American States treaties Human rights in Latin America Treaties concluded in 1969 Treaties entered into force in 1978 Indigenous law Treaties of Argentina Treaties of Barbados Treaties of Bolivia Treaties of Brazil Treaties of Chile Treaties of Colombia Treaties of Costa Rica Treaties of Dominica Treaties of the Dominican Republic Treaties of Ecuador Treaties of El Salvador Treaties of Grenada Treaties of Guatemala Treaties of Haiti Treaties of Honduras Treaties of Jamaica Treaties of Mexico Treaties of Nicaragua Treaties of Panama Treaties of Paraguay Treaties of Peru Treaties of Suriname Treaties of Uruguay 1969 in Costa Rica Inter-American Court of Human Rights Anti–death penalty treaties