Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Article 56

Abstract

This chapter explores Article 56 of the American Convention on Human Rights (ACHR), which deals with an important procedural question. It establishes the quorum required for the Inter-American Court's deliberation, that is, the required number of judges taking physically part in the deliberation, for the decision to be legally valid. This rule is crucial. If the quorum is not met, the decisions taken during a meeting cannot be considered as adopted by the Court. The threshold laid down in Article 56 applies both when the Court exercises its contentious jurisdiction under Articles 61 and 62 and when it is requested to deliver an advisory opinion in accordance with Article 64 of the ACHR. The provision is closely linked to Article 55 of the ACHR relating to the national judge and the ad hoc judge.