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The Jurisprudence of the American and African Regional Human Rights Bodies

The Jurisprudence of the American and African Regional Human Rights Bodies I. INTRODUCTION The Inter-American human rights system, founded within the framework of the Organi- zation of American States (OAS), is based primarily on two normative instruments, the American Declaration (Am. Decl.)' and the American Convention on Human Rights (ACHR).2 The Inter-American Commission3 and Court4 are the two independent bodies safeguarding compliance with these instruments' as well as, by virtue of Article 64 ACHR, which establishes the Court's competence to render advisory opinions, 'any provision dealing with the protection of human rights set forth in any international treaty applicable in the American States, regardless of whether it be bilateral or multilateral, whatever be the principal purpose of such a treaty, and whether or not non-Member States of the inter-American system are or have the right to become parties thereto'.6 The Commission's tasks (unlike, for instance, the former European Commission of Human Rights) also include the preparation of future regional instruments, and it made use of this specific competence in 1997 by adopting, after undertaking comprehensive research into relevant international standards in other systems,' the Proposed American Declaration on the Rights of Indigenous Peoples.8 In October 2000, the Commission published its report on 'The Human Rights Situation of the Indigenous http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

The Jurisprudence of the American and African Regional Human Rights Bodies

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6117
DOI
10.1163/221161103X00265
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Abstract

I. INTRODUCTION The Inter-American human rights system, founded within the framework of the Organi- zation of American States (OAS), is based primarily on two normative instruments, the American Declaration (Am. Decl.)' and the American Convention on Human Rights (ACHR).2 The Inter-American Commission3 and Court4 are the two independent bodies safeguarding compliance with these instruments' as well as, by virtue of Article 64 ACHR, which establishes the Court's competence to render advisory opinions, 'any provision dealing with the protection of human rights set forth in any international treaty applicable in the American States, regardless of whether it be bilateral or multilateral, whatever be the principal purpose of such a treaty, and whether or not non-Member States of the inter-American system are or have the right to become parties thereto'.6 The Commission's tasks (unlike, for instance, the former European Commission of Human Rights) also include the preparation of future regional instruments, and it made use of this specific competence in 1997 by adopting, after undertaking comprehensive research into relevant international standards in other systems,' the Proposed American Declaration on the Rights of Indigenous Peoples.8 In October 2000, the Commission published its report on 'The Human Rights Situation of the Indigenous

Journal

European Yearbook of Minority Issues Online – Brill

Published: Jan 1, 2002

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