American Convention On Human Rights
American Convention On Human Rights
American Convention On Human Rights
Canada has not signed or ratified the American Convention on Human Rights.
Adoption: The Convention was adopted at San Jose Costa Rica on 22 November
1969.
On this page
• Summary information, The American Convention on Human Rights
• History of the American Convention on Human Rights
• Key Provisions of the American Convention on Human Rights
• Canada’s Commitments and Responsibilities under the American
Convention on Human Rights
• International Monitoring and Implementation - The Inter-American
Commission on Human Rights
Summary information
The Convention affirms the intention of State parties to consolidate “within the
framework of democratic institutions, a system of personal liberty and social justice
based on respect for the essential rights of man” and focuses mainly on civil and
political human rights. The Convention builds on principles that have been recognized in
the Charter of the Organization of American States (OAS), the OAS’ American
Declaration of the Rights and Duties of Man and the United Nations’ Universal
Declaration of Human Rights.
The American Convention on Human Rights “Pact of San José, Costa Rica” was
adopted in 1969 by the OAS. It entered into force in 1978 upon the ratification of the
eleventh state. The Convention also established the Inter-American Commission on
Human Rights and the Inter-American Court of Human Rights.
The rights include civil and political rights, economic rights, and social rights, such as
the right to property, culture, work, leisure time and social security. The duties include
obligations to vote, obey the law, serve the community and the nation, pay taxes and
work.
Adoption of the Convention reinforced many of the principles described in the American
Declaration. The Convention focuses mainly on civil and political human rights and
offers more detailed definitions of these rights than the Declaration. The Convention
entered into force July 18, 1978.
Key Provisions
As a general obligation, the States Parties to the Convention undertake to respect the
rights and freedoms recognized in the Convention and “to ensure to all persons subject
to their jurisdiction the free and full exercise of those rights and freedoms, without any
discrimination for reasons of race, color, sex, language, religion, political or other
opinion, national or social origin, economic status, birth, or any other social condition.”
As well, under the heading “Progressive Development”, the Convention requires the
“States Parties undertake to adopt measures, both internally and through international
cooperation, especially those of an economic and technical nature, with a view to
achieving progressively, by legislation or other appropriate means, the full realization of
the rights implicit in the economic, social, educational, scientific, and cultural standards
set forth in the Charter of the Organization of American States.”
The Convention allows a State party to derogate from some of its obligations under
certain circumstances including war, public danger or other emergency that threatens
the independence or security of the State party. Such measures can only be in place to
the extent and for the period of time strictly required by the exigencies of the situation
and provided that such measures are not inconsistent with its other obligations under
international law and do not involve discrimination on the ground of race, color, sex,
language, religion, or social origin. The Convention also notes that “the rights of each
person are limited by the rights of others, by the security of all, and by the just demands
of the general welfare, in a democratic society.”
The Convention also describes the composition and functioning of the Inter-American
Commission on Human Rights and the Inter-American Court of Human Rights.
Canada has not signed or ratified the Convention or the optional protocols. (Ratification
of the optional protocols is only open to States that have ratified the Convention.)
Although there is no formal procedure calling for periodic reports from the State parties
on measures implementing their obligations under the Convention, the Inter-American
Commission on Human Rights can ask parties to report on the human rights situation in
their respective countries. The Commission can make recommendations and reports
annually on compliance by the State parties concerned with these recommendations.
State parties that ratify the San Salvador Protocol on Social, Economic and Cultural
Rights do undertake obligations which requires that they “submit periodic reports on the
progressive measures they have taken to ensure due respect for the rights set forth in
this Protocol.”
References
Specific:
American Convention on Human Rights “Pact of San José, Costa Rica”
Inter-American Commission on Human Rights
Inter-American Court of Human Rights
Protocol of San Salvador: Additional Protocol to the American Convention on Human
Rights in the Area of Economic, Social and Cultural Rights
Protocol to the American Convention on Human Rights to Abolish the Death Penalty
American Declaration on the Rights and Duties of Man
Inter-American Convention on the Granting of Political Rights to Women
Inter-American Convention on the Granting of Civil Rights to Women
Agreement Establishing the Inter-American Institute for Global Change Research
Inter-American Convention on Serving Criminal Sentences Abroad
Inter-American Convention on Mutual Assistance in Criminal Matters
Inter-American Convention Against Corruption
General:
Organization of American States – Our History
The Inter-American Human Rights System
Canadian Adherence to the America Convention