Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0039
Hennebel Ludovic, T. Hélène
This chapter assesses Article 39 of the American Convention on Human Rights (ACHR). Article 39 of the ACHR deals with the Statute of the Inter-American Commission of Human Rights and its Rules of Procedure. This rather succinct article confirms the power of the Commission to establish and adopt its own Rules of Procedure, and to prepare its Statute, which must be approved by the General Assembly. These two normative instruments are absolutely crucial to enable the Commission to carry out its functions. Many of the standards contained in them reiterate articles of the American Convention, while significantly developing them and adding others that are indispensable for the proper functioning of this body.
{"title":"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 39","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0039","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0039","url":null,"abstract":"This chapter assesses Article 39 of the American Convention on Human Rights (ACHR). Article 39 of the ACHR deals with the Statute of the Inter-American Commission of Human Rights and its Rules of Procedure. This rather succinct article confirms the power of the Commission to establish and adopt its own Rules of Procedure, and to prepare its Statute, which must be approved by the General Assembly. These two normative instruments are absolutely crucial to enable the Commission to carry out its functions. Many of the standards contained in them reiterate articles of the American Convention, while significantly developing them and adding others that are indispensable for the proper functioning of this body.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"252 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73135745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0060
Hennebel Ludovic, T. Hélène
This chapter discusses Article 61 of the American Convention on Human Rights (ACHR). Article 61 of the ACHR is dedicated to the jurisdiction and functions of the Inter-American Tribunal. The provision addresses two fundamental procedural issues. The first paragraph lists the entities that are entitled to act before the Court (jus standi), namely, the States Parties to the ACHR and the Inter-American Commission on Human Rights. The second paragraph specifies the manner in which this right of action is be implemented. Both the State concerned and the Commission must first exhaust the procedural mechanisms described in Articles 48 to 50, before referring the matter to the Court. This means that, unlike in European Court of Human Rights, the Inter-American Tribunal is not directly accessible to the entities (States or Commission) entitled to bring cases before it. This also means that it is not directly accessible to individual petitioners.
{"title":"Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.2 Jurisdiction and Functions, Article 61","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0060","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0060","url":null,"abstract":"This chapter discusses Article 61 of the American Convention on Human Rights (ACHR). Article 61 of the ACHR is dedicated to the jurisdiction and functions of the Inter-American Tribunal. The provision addresses two fundamental procedural issues. The first paragraph lists the entities that are entitled to act before the Court (jus standi), namely, the States Parties to the ACHR and the Inter-American Commission on Human Rights. The second paragraph specifies the manner in which this right of action is be implemented. Both the State concerned and the Commission must first exhaust the procedural mechanisms described in Articles 48 to 50, before referring the matter to the Court. This means that, unlike in European Court of Human Rights, the Inter-American Tribunal is not directly accessible to the entities (States or Commission) entitled to bring cases before it. This also means that it is not directly accessible to individual petitioners.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"52 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73816656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0077
Hennebel Ludovic, T. Hélène
This chapter examines Article 77 of the American Convention on Human Rights (ACHR), the purpose of which is very similar to the previous provision. The object is to allow the ACHR in its 1969 original version to be amended. Article 76 provides for a modality of modification through amendments, while Article 77 refers to another technique for modifying the content of the treaty, namely, the adoption of protocols. Unlike the amendment to the ACHR, the protocol does not merge into the original amended text but is a formally independent international legal act that is additional to the Convention. It is also a treaty act that must be negotiated and must obtain the consent of States before it can enter into force. Despite these differences with the amendment, the purpose of Articles 76 and 77 is the same, that is, to allow a convention negotiated and drafted in the late 1960s to adapt and transform treaty relations between States. The purpose of the protocol as a text that overturns these treaty relations is therefore to create new ones, as soon as States agree to commit themselves to them.
{"title":"Part III General and Transitory Provisions, Ch.X Signature, Ratification, Reservations, Amendments, Protocols, and Denunciation, Article 77","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0077","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0077","url":null,"abstract":"This chapter examines Article 77 of the American Convention on Human Rights (ACHR), the purpose of which is very similar to the previous provision. The object is to allow the ACHR in its 1969 original version to be amended. Article 76 provides for a modality of modification through amendments, while Article 77 refers to another technique for modifying the content of the treaty, namely, the adoption of protocols. Unlike the amendment to the ACHR, the protocol does not merge into the original amended text but is a formally independent international legal act that is additional to the Convention. It is also a treaty act that must be negotiated and must obtain the consent of States before it can enter into force. Despite these differences with the amendment, the purpose of Articles 76 and 77 is the same, that is, to allow a convention negotiated and drafted in the late 1960s to adapt and transform treaty relations between States. The purpose of the protocol as a text that overturns these treaty relations is therefore to create new ones, as soon as States agree to commit themselves to them.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80432886","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0040
Hennebel Ludovic, T. Hélène
This chapter addresses Article 40 of the American Convention on Human Rights (ACHR). Article 40 of the ACHR contains a provision that is crucial for the proper functioning of the Inter-American Commission of Human Rights, even though it is administrative in nature. A body as important as the Commission cannot function with the required independence and autonomy without the financial resources necessary to carry out its actions, and without a Secretariat of sufficient substance to ensure the exercise of the Commission's functions, implementation, and follow-up. Compared to the Inter-American Court (Articles 58 and 59 of the ACHR), the resources provided to the Commission under Article 40 are “furnished by the appropriate specialized unit of the General Secretariat of the Organization.” From an institutional point of view, it means that Article 40 does not affirm the autonomy of the Commission to appoint its own Secretary. Therefore, the direct relationship with the Organization of American States (OAS) General Secretariat is established by Article 40; while for the Court, its freedom and discretion to appoint its own Secretary was affirmed as an important guarantee of independence.
{"title":"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 40","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0040","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0040","url":null,"abstract":"This chapter addresses Article 40 of the American Convention on Human Rights (ACHR). Article 40 of the ACHR contains a provision that is crucial for the proper functioning of the Inter-American Commission of Human Rights, even though it is administrative in nature. A body as important as the Commission cannot function with the required independence and autonomy without the financial resources necessary to carry out its actions, and without a Secretariat of sufficient substance to ensure the exercise of the Commission's functions, implementation, and follow-up. Compared to the Inter-American Court (Articles 58 and 59 of the ACHR), the resources provided to the Commission under Article 40 are “furnished by the appropriate specialized unit of the General Secretariat of the Organization.” From an institutional point of view, it means that Article 40 does not affirm the autonomy of the Commission to appoint its own Secretary. Therefore, the direct relationship with the Organization of American States (OAS) General Secretariat is established by Article 40; while for the Court, its freedom and discretion to appoint its own Secretary was affirmed as an important guarantee of independence.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88798856","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0045
Hennebel Ludovic, T. Hélène
This chapter discusses Article 45 of the American Convention on Human Rights (ACHR), which establishes the inter-States communications mechanism. Article 45 of the ACHR follows and has strong ties to the provision organizing the mechanism of individual petitions (Article 44). Both articles describe the avenues to submit to the Inter-American Commission on Human Rights a dispute regarding the implementation of the ACHR: either the dispute is raised by individuals under the conditions laid down by Article 44, or by a State Party against another State Party to the ACHR. The structure and philosophy at the basis of Article 45 is very familiar to “classical” international lawyers. Modeled on the rules of functioning of the International Court of Justice (Article 36 of the ICJ Statute), it fully respects the expression of the States' consent.
{"title":"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.3 Competence, Article 45","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0045","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0045","url":null,"abstract":"This chapter discusses Article 45 of the American Convention on Human Rights (ACHR), which establishes the inter-States communications mechanism. Article 45 of the ACHR follows and has strong ties to the provision organizing the mechanism of individual petitions (Article 44). Both articles describe the avenues to submit to the Inter-American Commission on Human Rights a dispute regarding the implementation of the ACHR: either the dispute is raised by individuals under the conditions laid down by Article 44, or by a State Party against another State Party to the ACHR. The structure and philosophy at the basis of Article 45 is very familiar to “classical” international lawyers. Modeled on the rules of functioning of the International Court of Justice (Article 36 of the ICJ Statute), it fully respects the expression of the States' consent.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81042061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0070
Hennebel Ludovic, T. Hélène
This chapter describes Article 70 of the American Convention on Human Rights (ACHR). Article 70 of the ACHR focuses on the immunities and privileges to be granted to the members of the Inter-American Commission of Human Rights and the Inter-American Court. The aim pursued by Article 70 is therefore the protection of individuals in the exercise of their functions against all forms of pressure, including financial pressure. Article 70 refers to “international law” for the details of the regime applicable. As a result, the “immunities extended to diplomatic agents” apply to members of the Commission and judges of the Court. Therefore, the provision must be read in light of the 1961 Vienna Convention on Diplomatic Relations, which codifies customary rules on aspects relating to privileges and immunities. However, the referral to the situation of diplomatic agents does not mean that members of the Commission and judges of the Court are assimilated to diplomatic agents.
{"title":"Part II Means of Protection, Ch.IX Common Provisions, Article 70","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0070","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0070","url":null,"abstract":"This chapter describes Article 70 of the American Convention on Human Rights (ACHR). Article 70 of the ACHR focuses on the immunities and privileges to be granted to the members of the Inter-American Commission of Human Rights and the Inter-American Court. The aim pursued by Article 70 is therefore the protection of individuals in the exercise of their functions against all forms of pressure, including financial pressure. Article 70 refers to “international law” for the details of the regime applicable. As a result, the “immunities extended to diplomatic agents” apply to members of the Commission and judges of the Court. Therefore, the provision must be read in light of the 1961 Vienna Convention on Diplomatic Relations, which codifies customary rules on aspects relating to privileges and immunities. However, the referral to the situation of diplomatic agents does not mean that members of the Commission and judges of the Court are assimilated to diplomatic agents.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82620542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0013
Hennebel Ludovic, T. Hélène
This chapter highlights Article 13 of the American Convention on Human Rights (ACHR), which protects the freedom of thought and of expression. It covers the freedom to seek, receive, and impart information and ideas of all kinds as specified under Article 13-1. The medium or form of the expression is irrelevant, as suggested by the provision. Freedom of expression is considered as a key element for individual autonomy and a major tool for the functioning of democracy, based on the core values of pluralism, transparency, and tolerance. Freedom of expression is also perceived as a pre-condition for the exercise of all other fundamental rights such as political rights (Article 23 of the ACHR), freedom of association (Article 16), and freedom of conscience and of religion (Article 12). Without an effective protection of Article 13, these other rights are weakened, pluralism is silenced, and totalitarian regimes may thrive.
{"title":"Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.13: Freedom of Thought and Expression","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0013","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0013","url":null,"abstract":"This chapter highlights Article 13 of the American Convention on Human Rights (ACHR), which protects the freedom of thought and of expression. It covers the freedom to seek, receive, and impart information and ideas of all kinds as specified under Article 13-1. The medium or form of the expression is irrelevant, as suggested by the provision. Freedom of expression is considered as a key element for individual autonomy and a major tool for the functioning of democracy, based on the core values of pluralism, transparency, and tolerance. Freedom of expression is also perceived as a pre-condition for the exercise of all other fundamental rights such as political rights (Article 23 of the ACHR), freedom of association (Article 16), and freedom of conscience and of religion (Article 12). Without an effective protection of Article 13, these other rights are weakened, pluralism is silenced, and totalitarian regimes may thrive.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"76 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86081362","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0017
Hennebel Ludovic, T. Hélène
This chapter analyzes Article 17 of the American Convention on Human Rights (ACHR), which protects the rights of the family. These rights encompass mainly the right to marry and the right to found a family. In addition, various guarantees, such as the freedom of marriage and the equality between spouses and of the children, aim at organizing and protecting the institution of marriage. This is the only provision of the Convention that protects a status regulated under private law as a human right. Article 17 encompasses five paragraphs whose aims and content are rather different. The first paragraph recognizes the family as the core community and the “fundamental group unit” of each society. As such, it must be protected by States. The second and the third paragraphs are focused on the institution of marriage based on free consent of spouses and the right to “raise a family,” while the two last paragraphs concern the domestic implementation of the “equality of rights” between spouses before, during, and after the marriage and also the special protection of children, especially in case of dissolution of marriage. In this context, Article 17-5 is unique compared to other international human rights instruments for it affirms the “equal rights” of children born in or out of wedlock.
{"title":"Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.17: Rights of the Family","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0017","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0017","url":null,"abstract":"This chapter analyzes Article 17 of the American Convention on Human Rights (ACHR), which protects the rights of the family. These rights encompass mainly the right to marry and the right to found a family. In addition, various guarantees, such as the freedom of marriage and the equality between spouses and of the children, aim at organizing and protecting the institution of marriage. This is the only provision of the Convention that protects a status regulated under private law as a human right. Article 17 encompasses five paragraphs whose aims and content are rather different. The first paragraph recognizes the family as the core community and the “fundamental group unit” of each society. As such, it must be protected by States. The second and the third paragraphs are focused on the institution of marriage based on free consent of spouses and the right to “raise a family,” while the two last paragraphs concern the domestic implementation of the “equality of rights” between spouses before, during, and after the marriage and also the special protection of children, especially in case of dissolution of marriage. In this context, Article 17-5 is unique compared to other international human rights instruments for it affirms the “equal rights” of children born in or out of wedlock.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"73 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90350648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0046
Hennebel Ludovic, T. Hélène
This chapter analyzes Article 46 of the American Convention on Human Rights (ACHR). Article 46 of the ACHR contains the substance of the admissibility requirements of individual petitions and inter-States communications lodged before the Inter-American Commission on Human Rights by the virtue of Article 44 and Article 45 of the ACHR. The non-compliance with any of these conditions triggers an important procedural consequence laid down in Article 47 of the ACHR, that is, the rejection for inadmissibility of the individual petition or inter-States communication. Article 46 echoes the principle of legal certainty. Article 46 of the ACHR determines four conditions of admissibility. First, the domestic remedies must have been exhausted, under exceptions that are expressly mentioned in the provision. Second, the individual petition or inter-States communication must have been lodged within a period of six months since the notification of the final domestic ruling regarding the alleged violation. Third, the petition or communication cannot be pending in another international proceeding for settlement (lis pendens). And finally, the petition lodged under Article 44 must identify the petitioner or their representative.
{"title":"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.3 Competence, Article 46","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0046","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0046","url":null,"abstract":"This chapter analyzes Article 46 of the American Convention on Human Rights (ACHR). Article 46 of the ACHR contains the substance of the admissibility requirements of individual petitions and inter-States communications lodged before the Inter-American Commission on Human Rights by the virtue of Article 44 and Article 45 of the ACHR. The non-compliance with any of these conditions triggers an important procedural consequence laid down in Article 47 of the ACHR, that is, the rejection for inadmissibility of the individual petition or inter-States communication. Article 46 echoes the principle of legal certainty. Article 46 of the ACHR determines four conditions of admissibility. First, the domestic remedies must have been exhausted, under exceptions that are expressly mentioned in the provision. Second, the individual petition or inter-States communication must have been lodged within a period of six months since the notification of the final domestic ruling regarding the alleged violation. Third, the petition or communication cannot be pending in another international proceeding for settlement (lis pendens). And finally, the petition lodged under Article 44 must identify the petitioner or their representative.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75371664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0074
Hennebel Ludovic, T. Hélène
This chapter reviews Article 74 of the American Convention on Human Rights (ACHR). Article 74 of the ACHR illustrates a clear manifestation of the conventional freedom of States, namely, that the negotiation phase of the ACHR is distinct from that of the commitment to be bound by it. The States which participated in the preparatory work for the ACHR formally adopted the final text on November 22, 1969. However, this adoption should not be confused with an undertaking to be bound within the meaning of Article 74. This subsequent stage requires their consent to be formalized in accordance with the rules laid down in the provision. Article 74 is therefore a key provision of the inter-American system. The ACHR binds only those States that have expressly followed the procedures set out in this provision.
{"title":"Part III General and Transitory Provisions, Ch.X Signature, Ratification, Reservations, Amendments, Protocols, and Denunciation, Article 74","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0074","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0074","url":null,"abstract":"This chapter reviews Article 74 of the American Convention on Human Rights (ACHR). Article 74 of the ACHR illustrates a clear manifestation of the conventional freedom of States, namely, that the negotiation phase of the ACHR is distinct from that of the commitment to be bound by it. The States which participated in the preparatory work for the ACHR formally adopted the final text on November 22, 1969. However, this adoption should not be confused with an undertaking to be bound within the meaning of Article 74. This subsequent stage requires their consent to be formalized in accordance with the rules laid down in the provision. Article 74 is therefore a key provision of the inter-American system. The ACHR binds only those States that have expressly followed the procedures set out in this provision.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"78 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73813605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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