Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.2 Functions, Article 43

Abstract

This chapter studies Article 43 of the American Convention on Human Rights (ACHR), which is devoted to the functions of the Inter-American Commission on Human Rights. It requires States to transmit to the Commission, at its request, any information concerning the implementation in domestic law of measures to ensure the effective application of the Convention. The provision thus mirrors the functions of the Commission detailed in Article 41 b, c, and d. This article empowers the Commission with the competence to make recommendations to improve the situation of ACHR's rights in domestic law and to draft reports and studies. While it appears to have been modeled on the ground of the State report monitoring established by Article 40 of the International Covenant on Civil and Political Rights (ICCPR), the ACHR's drafters did not follow the rationale of the UN Human Rights Committee or other universal treaty bodies and did not formally establish such a monitoring mechanism on the basis of state reports.