Inter-American Court of Human Rights
The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a human rights treaty ratified by members of the Organization of American States (OAS). Pursuant to American Convention, the Inter-American Court works with the Inter-American Commission to uphold and promote basic rights and freedoms. It has jurisdiction within around 20 of the 35 member states in the Americas that have taken steps to acceded to its authority, the vast majority in Latin America. The court adjudicates claims of human rights violations by government and issues advisory opinions on interpretations of certain legal matters. Twenty-nine OAS members are also members of the wider-scale International Criminal Court. Purpose and functions The Organization of American States established the Court in 1979 to enforce and interpret the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under the latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states. Adjudicatory function The adjudicatory function requires the Court to rule on cases brought before it in which a state party to the Convention, and thus has accepted its jurisdiction, is accused of a human rights violation. In addition to ratifying the Convention, a state party must voluntarily submit to the Court's jurisdiction for it to be competent to hear a case involving that state. Acceptance of contentious jurisdiction can be given on a blanket basis – to date, Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Trinidad and Tobago, Venezuela and Uruguay have done so (though Trinidad and Tobago and Venezuela have subsequently withdrawn) – or, alternatively, a state can agree to abide by the Court's jurisdiction in a specific, individual case. Under the Convention, cases can be referred to the Court by either the Inter-American Commission on Human Rights or a state party. In contrast to the European human rights system, individual citizens of the OAS member states are not allowed to take cases directly to the Court. The following conditions must be met: Individuals who believe that their rights have been violated must first lodge a complaint with the Commission and have that body rule on the admissibility of the claim. If the case is ruled admissible and the state deemed at fault, the Commission will generally serve the state with a list of recommendations to make amends for the violation. Only if the state fails to abide by these recommendations, or if the Commission decides that the case is of particular importance or legal interest, will the case be referred to the Court. The presentation of a case before the Court can therefore be considered