Part II Means of Protection, Ch.IX Common Provisions, Article 71

Abstract

This chapter explores Article 71 of the American Convention on Human Rights (ACHR). After the question of immunities and privileges (Article 70), the issue of incompatibilities is dealt with in Article 71. The link with the previous provision is obvious. The aim is to ensure proper, fair, and independent functioning of the organs. Immunities and privileges are intended to protect them from any pressure when they are engaged on business with their mandates, while Article 71 addresses more directly the institutional independence of experts. Further in the ACHR, this independence is consolidated by Article 73 (disciplinary regime). Moreover, the incompatibilities are linked to the issue addressed by Article 72 of the “remuneration” (“emoluments”) of the tasks carried out by the two bodies (the Inter-American Commission of Human Rights and the Inter-American Court).