He has also held visiting positions at Harvard, Cambridge, and York Universities. He is also an associate member of the Institut De Droit International. His central research interest is to elaborate in association with a group of likeminded scholars a critical third world approach to international law TWAIL. Introduction The Harvard Human Rights Journal HHRJ has posed three significant questions for consideration at a time when social and political movements in several countries called for democratic reforms and were met with brutal repression by authoritarian regimes, leading to the intervention of the international community.
This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. September Learn how and when to remove this template message The Commission processes petitions lodged with it pursuant to its Rules of Procedure.
Petitions may be filed by states, NGOs or individuals.
Unlike most court filings, petitions are confidential documents and are not made public. Petitions must meet three requirements; domestic remedies must have already been tried and failed exhaustionpetitions must be filed within six months of the last action taken in a domestic system timelinesspetitions can not be before another court duplication of procedure.
Once a petition has been filed, it follows the following procedure: Petition is forwarded to the Secretariat and reviewed for completeness; if complete, it is registered and is given a case number.
This is where the state is notified of the petition. Petition reviewed for admissibility. The Commission tries to find a friendly settlement.
If no settlement is found, then briefs are filed by each side on the merits of the case. The Commission then files a report on the merits, known as an Article 50 report from relevant article of the Convention.
This is a basically a ruling by the Commission with recommendations on how to solve the conflict. The Article 50 report is sent to the state.
This is a confidential report; the petitioner does not get a full copy of this report. The state is given two months to comply with the recommendations of the report.
The petitioner then has one month to file a petition asking for the issue to be sent to the Inter-American Court only applicable if the State in question has recognized the competence of the Inter-American Court. The Commission has three months, from the date the Article 50 report is given to the state, to either publish the Article 50 report or send the case to the Inter-American Court of Human Rights.
Alternatively, the Commission can also choose to monitor the situation. The American Convention establishes that if the report is not submitted to the Court within three months it may not be submitted in the future, but if the State asks for more time in order to comply with the recommendations of the Article 50 report, the Commission might grant it on the condition that the State signs a waiver on this requirement.
Among others, Venezuela has criticized its politization.
These criticisms have given rise to what was called the "Strengthening process of the Commission". This process began inled by the States belonging to the Bolivarian Alliance for the Americas. Among the suggested countries were Argentina, Costa Rica and Peru. The commissioners are elected by the OAS General Assemblyfor four-year terms, with the possibility of re-election on one occasion, for a maximum period in office of eight years.
They serve in a personal capacity and are not considered to represent their countries of origin but rather "all the member countries of the Organization" Art.
No two nationals of the same member state may be commissioners simultaneously Art.- Inter-American Commission on Human Rights Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) and of the bodies for protection of human rights.
Judges of the Inter-American Court on Human Rights (IACHR), attend a hearing in San Jose, Costa Rica September 3, REUTERS/Juan Carlos Ulate. Selected links on Gender Based Violence. In , the UN Declaration on the Elimination of Violence against Women offered the first official definition of the term “Gender-based Violence”: “Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary.
American Anti-Slavery and Civil Rights Timeline. Timeline compiled by V. Chapman Smith. ; Portuguese negotiate the first slave trade agreement that also includes gold and ivory. 3 application from the inter-american commission on human rights to the inter-american court of human rights against the united states of mexico.
Racial Disparities in Sentencing! Hearing on Reports of Racism in the Justice System of the United States Submitted to the Inter-American Commission on Human Rights rd Session, October 27, The American Civil Liberties Union (ACLU) welcomes this opportunity to submit written testimony to the Inter-American Commission on Human .