Organization of American States

American Convention on Human Rights (Pact of San José)

Published by Good Press, 2021
goodpress@okpublishing.info
EAN 4064066451851

Table of Contents


CHAPTER I - GENERAL OBLIGATIONS
CHAPTER II - CIVIL AND POLITICAL RIGHTS
CHAPTER III - ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
CHAPTER IV - SUSPENSION OF GUARANTEES, INTERPRETATION, AND APPLICATION
CHAPTER V - PERSONAL RESPONSIBILITIES
PART II - MEANS OF PROTECTION
CHAPTER VI - COMPETENT ORGANS
CHAPTER VII - INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
CHAPTER VIII - INTER-AMERICAN COURT OF HUMAN RIGHTS
CHAPTER IX - COMMON PROVISIONS
PART III - GENERAL AND TRANSITORY PROVISIONS
CHAPTER X - SIGNATURE, RATIFICATION, RESERVATIONS, AMENDMENTS, PROTOCOLS, AND DENUNCIATION
CHAPTER XI - TRANSITORY PROVISIONS

CHAPTER I - GENERAL OBLIGATIONS

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Article 1. Obligation to Respect Rights

  1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein 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.
  2. For the purposes of this Convention, "person" means every human being.

Article 2. Domestic Legal Effects

Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.

CHAPTER II - CIVIL AND POLITICAL RIGHTS

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Article 3. Right to Juridical Personality

Every person has the right to recognition as a person before the law.

Article 4. Right to Life

  1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
  2. In countries that have not abolished the death penalty, it may be imposed only for the most serious crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law establishing such punishment, enacted prior to the commission of the crime. The application of such punishment shall not be extended to crimes to which it does not presently apply.
  3. The death penalty shall not be reestablished in states that have abolished it.
  4. In no case shall capital punishment be inflicted for political offenses or related common crimes.
  5. Capital punishment shall not be imposed upon persons who, at the time the crime was committed, were under 18 years of age or over 70 years of age; nor shall it be applied to pregnant women.
  6. Every person condemned to death shall have the right to apply for amnesty, pardon, or commutation of sentence, which may be granted in all cases. Capital punishment shall not be imposed while such a petition is pending decision by the competent authority.

Article 5. Right to Humane Treatment

  1. Every person has the right to have his physical, mental, and moral integrity respected.
  2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.
  3. Punishment shall not be extended to any person other than the criminal.
  4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as unconvicted persons.
  5. Minors while subject to criminal proceedings shall be separated from adults and brought before specialized tribunals, as speedily as possible, so that they may be treated in accordance with their status as minors.
  6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the prisoners.

Article 6. Freedom from Slavery

  1. No one shall be subject to slavery or to involuntary servitude, which are prohibited in all their forms, as are the slave trade and traffic in women.
  2. No one shall be required to perform forced or compulsory labor. This provision shall not be interpreted to mean that, in those countries in which the penalty established for certain crimes is deprivation of liberty at forced labor, the carrying out of such a sentence imposed by a competent court is prohibited. Forced labor shall not adversely affect the dignity or the physical or intellectual capacity of the prisoner.
  3. For the purposes of this article, the following do not constitute forced or compulsory labor: