{"title":"第二部分保护手段,第七章,美洲人权委员会,第5段程序第51条","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0051","DOIUrl":null,"url":null,"abstract":"This chapter focuses on Article 51 of the American Convention on Human Rights (ACHR). Article 51 of the ACHR closes up Section 4 of the Chapter VII dedicated to the “Procedure” before the Inter-American Commission on Human Rights, applied when dealing with an individual petition (Article 44) or an inter-State communication (Article 45). The provision describes the potential results of the procedure, that is, the adoption of a report that would contain the “opinion,” “conclusion,” and “recommendations” of the Commission. The article must be understood in light of Article 49 (Friendly settlement) and Article 50 (“preliminary report”). An Article 51 report is adopted when the friendly settlement process has failed, and in case of violations stated by the Commission, when the case is neither brought to the Court nor fixed by the Commission itself. Accordingly, the Article 51 report is said to be “final,” as it terminates the litigation proceeding before the Inter-American organs.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"145 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.4 Procedure, Article 51\",\"authors\":\"Hennebel Ludovic, T. Hélène\",\"doi\":\"10.1093/law/9780190222345.003.0051\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This chapter focuses on Article 51 of the American Convention on Human Rights (ACHR). Article 51 of the ACHR closes up Section 4 of the Chapter VII dedicated to the “Procedure” before the Inter-American Commission on Human Rights, applied when dealing with an individual petition (Article 44) or an inter-State communication (Article 45). The provision describes the potential results of the procedure, that is, the adoption of a report that would contain the “opinion,” “conclusion,” and “recommendations” of the Commission. The article must be understood in light of Article 49 (Friendly settlement) and Article 50 (“preliminary report”). An Article 51 report is adopted when the friendly settlement process has failed, and in case of violations stated by the Commission, when the case is neither brought to the Court nor fixed by the Commission itself. Accordingly, the Article 51 report is said to be “final,” as it terminates the litigation proceeding before the Inter-American organs.\",\"PeriodicalId\":22363,\"journal\":{\"name\":\"The American Convention on Human Rights\",\"volume\":\"145 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-01-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The American Convention on Human Rights\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/law/9780190222345.003.0051\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The American Convention on Human Rights","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/law/9780190222345.003.0051","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.4 Procedure, Article 51
This chapter focuses on Article 51 of the American Convention on Human Rights (ACHR). Article 51 of the ACHR closes up Section 4 of the Chapter VII dedicated to the “Procedure” before the Inter-American Commission on Human Rights, applied when dealing with an individual petition (Article 44) or an inter-State communication (Article 45). The provision describes the potential results of the procedure, that is, the adoption of a report that would contain the “opinion,” “conclusion,” and “recommendations” of the Commission. The article must be understood in light of Article 49 (Friendly settlement) and Article 50 (“preliminary report”). An Article 51 report is adopted when the friendly settlement process has failed, and in case of violations stated by the Commission, when the case is neither brought to the Court nor fixed by the Commission itself. Accordingly, the Article 51 report is said to be “final,” as it terminates the litigation proceeding before the Inter-American organs.