The Inter-American Commission on Human Rights


Does this mechanism apply to the country in which you are interested?

About the Inter-American Commission on Human Rights

What can this mechanism do to assist you?

Who can apply to the Inter-American Commission on Human Rights?

The formal procedure

How to submit a complaint to the Inter-American Commission on Human Rights

Further information about the Inter-American Commission on Human Rights


Does this mechanism apply to the country in which you are interested?

This Inter-American Commission on Human Rights only applies to countries which are members of the Organization of American States (the OAS). To be a member of the OAS a country must have ratified the Charter of the Organization of American States.  

To find out if the country you are interested in has ratified the Charter click here


Note on how to use this link

You may wish to print this note before proceeding.
This link will bring you to what is called a Ratification Table. This information is available in English, Español, Français, Portuguese. If the country you are interested in is listed on this page, then that country has ratified the Charter and the Inter-American Commission applies in respect of that country.
If it is not listed, then the country you are interested in has not ratified the Charter is not a member of the OAS. Therefore, the Inter-American Commission does not apply in respect of that country.
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About the Inter-American Commission on Human Rights

The Inter-American Commission on Human Rights can examine allegations of violations of the Charter of the OAS and violations of the American Convention on Human Rights (also known as the Pact of San José, Costa Rica) which are brought to its attention.

For the full text of the Charter of the OAS in English, Español, Français, Portuguese click here
For the full text of the American Convention on Human Rights in English, Español, Français, Portuguese click here

It is important to note that the Commission can only examine allegations of violations of the American Convention on Human Rights in respect of those countries which have ratified the American Convention. 

To find out if the country you are interested in has ratified the American Convention on Human Rights click here. Use your browser's "back" button to return to this page.


Note on how to use this link

This link will bring you to what is called a Ratification Table. If the country you are interested in is listed on this page, then that country has ratified the American Convention.
If is not listed, then the country you are interested in has not ratified the American Convention. Therefore, the Inter-American Commission cannot examine allegation of violations of the American Convention in respect of that country. This page is available in English, Español, Français and Portuguese.


What can this mechanism do to assist you

When it receives a reliable complaint concerning a violation of human rights the Commission can take a number of actions:

It can examine the complaint (known as a petition) and make recommendations to the State concerned on what actions it should take to remedy the situation.
It can carry out an investigations, conduct on-site visits or hold a hearing into the case
If the matter is urgent it can request the state concerned to take "precautionary measures" to avoid serious violations of human rights.
It can bring the case to the Inter-American Court of Human Rights.


Who can apply to the Inter-American Commission on Human Rights  

Any person, group of persons or NGO may present a petition to the Commission alleging violations of the rights protected in the American Convention and / or the OAS Charter.


The formal procedure

 1. Admissibility
When the Commission receives a petition it decides whether or not it will accept the petition. If the Commission decides not to accept the petition it declares that the petition is "inadmissible" and rejects it. On the other hand, if the Commission decides to accept the complaint and examine it, it may declare the petition "admissible" or simply begin examining the petition on its merits (that is on the substance of the complaint).

2. Request "precautionary measures"
If the Commission receives a complaint that a serious violation of human rights is about to take place it can request the state concerned to take "precautionary measures" to prevent the violation from taking place.

3. Examination of the petition
Information about the petition is sent to the state concerned and the state is requested to send its comments on the petition. If the author of the petition so wishes, their name can be witheld. If a response is received from the state, the author of the petition is asked to comment on the states reponse.
The Commission may carry out its own investigations, conduct on-site visits or hold a hearing on the case in which both parties, the author of the petition and the state concerned, would be asked to present their arguments. The Commission may also offer to assist the parties in negotiating a friendly settlement.

4. Report of the Commission
When the Commission decides that it has received sufficient information it prepares a report on the case which may include recommendations to the state concerned. The report is not made public and the Commission gives the state a period of time in which to resolve the situation and comply with any recommendations set out in its report.
When this period of time has expired, the Commission can decide to produce a further report giving the state more time to resolve the situation or it can decide to bring the case to the Inter-American Court.


How to submit a complaint to the Inter-American Commission on Human Rights

The Inter-American Commission has prepared a petition form which you are advised to use.

For a copy of the petition form in English click here

For a copy of the petition from in Portuguese click here

Complaints should be sent to:

The Inter-American Commission on Human Rights
1889 F Street, N.W.
Washington, D.C. 20006
USA
Tel: + 1 202 458 6002
Fax:+ 1 202 458 3992

Before submitting your complaint you should click on the following two links which contain important general information:

Click here for information on the exhaustion of domestic remedies

Click here for information on multiple applications


Further information about the Inter-American Commission on Human Rights

 For further information in English, Español, Français, Portuguese, visit the webpage of the Inter-American Commission on Human Rights by clicking here.