Actions filed at the Inter-American Court of Human Rights
Wolfenson Lawyers represents its clients before the highest international court on human rights.
Our Firm provides legal advice in filing actions before the Inter-American Court of Human Rights (IACHR).
The American Convention is one of the main international treaties that safeguards human rights on our continent. In the event that any of our clients has exhausted the legal challenges admitted by our laws, it is possible to make a request before the IACHR in order to grant effective protection to their human rights.
Wolfenson focuses on the essential rights of our clients.
The following is a legal guide to provide general guidance on the Inter-American Court of Human Rights:
What is the Inter-American Court of Human Rights?
It corresponds to the main and autonomous organ of the Organization of American States (OAS) which is in charge of the promotion and protection of human rights (human rights) in our continent. Its integration is carried out by seven independent members who serve in a personal way and is based in the United States, precisely in the city of Washington, DC
When was the IACHR created?
This International Court was created by the Organization of American States in 1959, jointly with the Inter-American Court of Human Rights , installed in 1979, it is an institution of the Inter-American System for the protection of human rights (ISHR).
The Inter-American System for the protection of Human Rights began with the approval of the American Declaration of the Rights and Duties of Man at the Ninth International American Conference held in Colombia, in the city of Bogotá in 1948, within the framework of the which was also adopted the OAS Charter itself, which proclaims the "fundamental rights of the human person" as one of the principles on which the Organization is founded.
The principle of full respect for human rights appears in various sections of the Charter. In accordance with this international instrument , "the genuine sense of American solidarity and good neighborliness cannot be other than to consolidate on this continent, within the framework of democratic institutions , a regime of individual freedom and social justice , founded on respect for the essential rights of man ". The Charter establishes the Commission as a principal organ of the OAS , whose function is to promote the observance and defense of human rights and serve as an advisory body to the OAS in this area.
The IACHR is based on three main axes that give it life:
1.- The Individual Petition System
2.- Monitoring of the human rights situation in the Member States .
3.- Attention to priority thematic lines.
In this way, the Commission considers that in the context of protecting the rights of all persons under the jurisdiction of the American States , it is essential to pay attention to populations, communities and groups that have historically been discriminated against.
What is the history of the Inter-American Court of Human Rights?
As for its history, it begins in April 1948, at the time the OAS approved the American Declaration of the Rights and Duties of Man , in Bogotá, Colombia, the first international document on human rights of a general nature. Thus, the Inter-American Court was created in 1959 , meeting for the first time in 1960.
In 1961, the IACHR began to carry out on-site visits to observe the general human rights situation in a country , or to investigate a particular situation. Since then it has made 92 visits to 23 member countries. With respect to its general observations on the situation in a country, the IACHR publishes special reports , having published 60 of them to date.
It is since 1965 that the IACHR was expressly authorized to receive and process complaints or petitions on individual cases in which human rights violations were alleged. As of December 2011, it has received several tens of thousands of requests, which have resulted in 19,423 cases being processed or being processed. The final reports published in relation to these cases can be found in the Commission's annual reports or by country.
During 1969 the American Convention on Human Rights was approved, which entered into force in 1978 and has been ratified by dozens of countries such as: Argentina, Barbados, Brazil, Bolivia, Chile , Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay and Venezuela. The Convention defines the human rights that ratifying States commit themselves internationally to respect and give guarantees so that they are respected in their respective jurisdictions.
In the event of a human rights violation, the Wolfenson firm represents its clients in filing legal actions before the Inter-American Court of Human Rights.
Links of interest about the Inter-American Court of Human Rights :
If you need more information and legal advice regarding actions before the IACHR, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.