PACT OF SAN JOSÉ OF COSTA RICA

Reaffirming its purpose of consolidating in this Continent, inside the picture of the democratic institutions, a state of personal liberty and of social justice, based on the respect of the essential rights of the man;

Recognizing that the essential rights of the man do not be born of the national fact of being of determined State, but they have as base the attributes of the human person, reason by which they justify an international protection, of conventional nature coadyuvante or complementary of the one that offers the internal right of the American States;

Considering that these principles have been consecrated in the Letter of the Organization of the American States, in the American Statement of the Rights and you Owe of the Man and in the Universal Statement of the Human Rights that have been reaffirmed and developed in other so much, international instruments of universal as regional environment;

Reiterating that, in accordance with the Universal Statement of the Human Rights, only can be carried out the ideal of the human being free, exempt of the fear and of the misery, if conditions are created that permit each person to enjoy their so much, cultural, social, and economic rights as of their civil law and political, and

Considering that the Third Extraordinary Pan-american Conference (Buenos Aires, 1967) approved the incorporation to the own Letter of the most extensive Organization of norms on educational, social, and economic rights and resolved that a pan-american convention on human rights determined the structure, competence and procedure of the organs responsible for that matter, they have agreed on the following thing:

1. The States you split in this Convention they compromise to respect the rights and liberties recognized in her and to guarantee its free and full exercise to every person that be holds to its jurisdiction, without any discrimination by motives of race, color, sex, language, religion, political opinions or of any another kind, national or social origin, economic position, birth or any another social condition.

2. For the effects of this Convention, person is every human being.

If in the exercise of the rights and liberties mentioned in the article 1 not estuviere already guaranteed by legislative dispositions or of another character, the States split you compromise to adopt, in accordance with their constitutional procedures and to the dispositions of this Convention, the legislative measures or of another character that fueren necessary to do troops such rights and liberties.

Every person has the right to the recognition of its legal personality.

1. Every person has the right to that its life be respected. This right will be protected by the law and, in general, from the moment of the conception. Nobody can be private of the life arbitrarily.

2. In the countries that have not revoked the death penalty, this only will be able to be imposed for the most serious crimes, in accordance with sentence ejecutoriada of competent court and according to a law that establish such grief, dictation before to the commission of the crime. Will neither extend its application to crimes to which apply not itself it at present.

3. Themselves not the death penalty in the States will be re-established that have revoked it.

4. In no case can apply the death penalty by crimes political neither common connected with the politicians.

5. Itself not the death penalty will be imposed to people that, at the moment of the commission of the crime, tuvieren less eighteen-year-old or more than seventy, neither will apply itself the women in state of pregnancy.

6. Every person condemned to death has the right to request the amnesty, the exemption or the commutation of the grief, which will be able to be granted in all the cases. Itself cannot apply the death penalty while the request is alert of decision before competent authority.

1. Every person has the right to that its moral, psychic, and physical integrity be respected.

2. Nobody should be submitted to tortures neither hardly or cruel, inhuman or degrading deals. Private every person of liberty will be treated with the respect due to the dignity inherent in the human being.

3. The grief cannot transcend of the person of the delinquent.

4. Them they processed they should be separated of them condemned, save in exceptional circumstances, and they will be submitted to an adequate processing to their condition of people done not condemn.

5. When the smaller they can be processed, they should be separated of the adults and carried before courts specialized, with possible the greater speed, for their processing.

6. The privative griefs of the liberty will have as essential purpose the reform and the social retraining of them condemned.

1. Nobody can be submitted to slavery or servants, and so much these, like he tries it slaves and he tries it women are prohibited in all their forms.

2. Nobody should be constrained to execute a compulsory or obligatory work. In the countries where certain crimes have indicated he suffers privative of the compulsory liberty accompanied by works, this disposition will not be able to be interpreted in the sense that prohíbe the imposed grief happiness compliance by judge or competent court. The compulsory work should not affect to the dignity neither to the physical capacity and intellectual of the imprisoned.

3. They do not constitute I work compulsory or obligatory, for the effects of this article:

A. the works or services that be required normally of a person imprisoned in accordance with a sentence or formal resolution dictated by the competent judicial authority. Such works or services should be carried out under the caution and control of the public authorities, and the individuals that perform them will not be positions at the disposal of individuals, companies or legal people of private character;

b. the active duty and, in the countries where exemption by reasons of conscience is admitted, the national service that the law establish instead of that;

c. the imposed service in cases of danger or calamity that threaten the existence or the welfare of the community, and

D. the work or service that form part of the normal civic obligations.

1. Every person has the right to the liberty and to the personal security.

2. Nobody can be private of his physical liberty, save by the causes and in the conditions set beforehand by the Political Constitutions of the States you split or by the dictated laws according to them.

3. Nobody can be submitted to detention or arbitrary imprisonment.

4. Detained every person or retained should be reported of the reasons of its detention and notified, without delay, of the charge or charges formulated against her.

5. Detained every person or retained should be carried, without delay, before a judge or another official authorized by the law to exercise judicial functions and will have the right to be judged inside a reasonable time limit or to to be put at liberty, without damage that continue the process. Its liberty will be able to be conditioned to guarantees that assure their court appearance in the judgment.

6. Private every person of liberty has the right to resort before a judge or competent court, in order to that this decide, without delay, on the legality of their arrest or detention and order their liberty if the arrest or the detention they were illegal. In the States you split whose laws prevén that every person that be to seen threatened to be private of its liberty has the right to resort to a judge or competent court in order to that this decide on the legality of such threat, said resource cannot be restricted neither revoked. The resources will be able to be interposed for itself or by another person.

7. Nobody will be person under arrest by debts. This principle does not limit the mandates of competent judicial authority dictations by breaches of you owe eating.

1. Every person has the right to to be heard toward them owed guarantees and inside a reasonable time limit, by a judge or competent, independent and impartial court, established before by the law, in the sustanciación of any penal accusation formulated against her, or for the decision of its rights and obligations of fiscal, labor, civil order or of any another character.

2. Every person accused of crime has the right to that its innocence be presumed while itself be not established legally its guilt. During the process, every person has the right, in full equality, to the following minimum guarantees:

a. right of the accused of to be attended free by the translator or interpreter, if does not understand or does not speak the language of the court or court;

b. prior communication and detailed upon accusing of the accusation formulated;

c. concession upon accusing of the time and of the adequate media for the preparation of its defense;

d. right of the accused to be defended personally or of to be attended by a defender of its election and to be communicated free and privately with its defender;

e. right unavoidable of to be attended by a defender supplied by the State, paid or not according to the internal legislation, if the accused not itself defendiere by itself neither I named defender inside the time limit established by the law;

f. right of the defense to interrogate to the witnesses in the court and to obtain the court appearance, like the witnesses or expert, of other people that can throw light on the facts;

g. right to not to be obliged to declare against itself neither to be declared guilty, and

H. right to resort of the failure before judge or upper court.

3. The confession of the accused is only valid if is done without compulsion of any nature.

4. The it accused acquitted by a sentence sign will not be able to be submitted to new judgment by the same facts.

5. The criminal trial should be public, save in whatever is necessary to preserve the interests of the justice.

Nobody can be condemned for actions or omissions that at the moment to be committed were not criminal according to the applicable right. Neither more serious grief than the applicable one can be imposed at the moment of the commission of the crime. If later to the commission of the crime the law arranges the imposition of a lighter grief, the delinquent will be benefited of it.

Every person has the right to to be compensated according to the law in case of to have been condemned in by mistake judicial firm sentence.

1. Every person has the right to the respect of its honor and to the recognition of its dignity.

2. Nobody can be arbitrary or abusive object of interferences in its private life, in that of its family, in its residence or in its correspondence, neither of illegal attacks to its honor or reputation.

3. every person has the right to the protection of the law against those interferences or those attacks.

1. Every person has the right to the liberty of conscience and of religion. This right implies the liberty to conserve its religion or its beliefs, or to change of religion or of beliefs, as well as the liberty to profess and to divulge its religion or its beliefs, individual or collectively, so much in public as in private.

2. Nobody can be object of restrictive measures that can lessen the liberty to conserve its religion or its beliefs or to change of religion or of beliefs.

3. The liberty to declare the own religion and the own beliefs is holds only to the prescribed limitations by the law and that be necessary to protect the security, the order, the health or the public morale or the rights or liberties of the others.

4. The parents, and in their case the tutors, they have the right to that their children or boarders receive the moral and religious education that be according to their own convictions.

1. Every person has the right to the liberty of thought and of expression. This right understands the liberty to seek, to receive and to diffuse informations and ideas of every kind, without consideration of borders, whether orally, in writing or in printed or artistic form, or by any another procedure of its election.

2. The exercise of the right predicted in the preceding clause cannot be subject to subject to reproof but to subsequent responsibilities, the ones that should be explicitly set by the law and to be necessary to assure:

a. the respect to the rights or to the reputation of the others, or

B. the protection of the national security, the law and order or the health or the public morale.

3. Itself not the right of expression by ways can be restricted or indirect media, such as the abuse of official controls or individuals of role for newspapers, of radio frequencies, or of household goods and apparatuses used in the diffusion of information or by any other media directed to impede the communication and the circulation of ideas and opinions.

4. The public spectacles can be submitted for the law to prior reproof with the exclusive object of regular the access to them for the moral protection of the infancy and the adolescence, without damage of it established in the clause 2.

5. It will be prohibited by the law every publicity in favor of the war and every praise of the national, racial or religious hatred that constitute incitements to the violence or any another similar illegal action against any person or group of people, by no motive, inclusive those of race, color, religion, language or national origin.

1. every person affected by inexact informations or agraviantes emitted in its damage through media of diffusion legally regulated and that be directed to the public in general, has the right to perform for the same organ of diffusion its correction or answer in the conditions that establish the law.

2. In no case the correction or the answer they will exempt of the other legal responsibilities in which had been incurred.

3. For the effective protection of the honor and the reputation, every publication or film, journalistic business, of radio or television will have a responsible person that be not protected by immunities neither have special statute.

The right of peaceful meeting and without weapons is recognized. The exercise of such right only can be subject to the restrictions predicted by the law, that be necessary in a democratic company, in interest of the national security, of the security or of the law and order, or to protect the health or the public morale or the rights or liberties of the others.

1. All the people have the right to be associated freely with sports, cultural, social, labor, economic, political, religious, ideological end or of any another kind.

2. The exercise of such right only can be subject to the restrictions predicted by the law that be necessary in a democratic company, in interest of the national security, of the security or of the law and order, or to protect the health or the public morale or the rights and liberties of the others.

3. The arranged thing in this article does not impede the imposition of legal restrictions, and even the deprivation of the exercise of the right of association, to the members of the armed forces and of the police.

1. The family is the fundamental and natural element of the company and should be protected for the company and the State.

2. The right of the man is recognized and the woman to contract marriage and to found a family if they have the age and the conditions required for it by the internal laws, in the measure in which these affect not at the beginning of not discrimination established in this Convention.

3. The marriage cannot be celebrated without the free and full consent of the newlyweds.

4. The States split you should take appropriate measures to assure the equality of rights and the adequate equivalence of responsibilities of the spouses as for the marriage, during the marriage and in case of dissolution of the same one. In case of dissolution, dispositions will be adopted that assure the necessary protection of the children, on the unique base of the interest and convenience of them.

5. The law should recognize so much right equals to the born children out of marriage as to the born inside the same one.

Every person has the right to a proper noun and to the surnames of its parents or to that of one of them. The law will regulate the form to assure this right for all, by means of supposed names, if fuere necessary.

Every boy has the right to the measures of protection that their condition of smaller they require on the part of their family, of the company and of the State.

1. Every person has the right to a nationality.

2. Every person has the right to the nationality of the State in whose territory was born if does not have the right to another.

3. To nobody will be deprived arbitrarily of his nationality neither of the right to change it.

1. Every person has the right to the use and enjoyment of its goods. The law can subordinate such use and enjoyment to the social interest.

2. Any person can be private of her goods, except by means of the payment of just compensation, by reasons of public utility or of social interest and in the cases and according to the forms established by the law.

3. So much the usury as any another form of exploitation of the man by the man, they should be prohibited for the law.

1. Every person that be found legally in the territory of a State has the right to circulate by the same one and, to reside in it with subjection to the legal dispositions.

2. Every person has the right to leave freely of any country, inclusive of the own one.

3. The exercise of the previous rights cannot be restricted but by virtue of a law, in the indispensable measure in a democratic company, to prevent penal infractions or for protect the national security, the security or the law and order, the morale or the public health or the rights and liberties of the others.

4. The exercise of the rights recognized in the clause 1 likewise can be restricted for the law, in specific zones, by reasons of public interest.

5. Nobody can be expelled of the territory of the State of which he is national, neither to be private of the right to enter in the same one.

6. The foreigner that be found legally in the territory of a State he splits in the present Convention, only he will be able to be expelled of him in accordance with a decision adopted according to the law.

7. Every person has the right to seek and to receive asylum in foreign territory in case of pursuit by crimes political or common connected with the politicians and according to the legislation of each State and the international covenants.

8. In no case the foreigner can be expelled or returned to another country, he be or not of origin, where its right to the life or to the personal liberty is in risk of violation on account of race, nationality, religion, social condition or of its political opinions.

9. it is prohibited the collective expulsion of foreigners.

1. All the citizens should enjoy the following rights and opportunities:

a. to participate in the direction of the public matters, directly or through freely chosen representatives;

b. to vote and to be chosen in authentic periodic elections, carried out by universal and equal vote and by secret vote that guarantee the free expression of the will of the voters, and

C. to have access, in general conditions of equality, to the civil service of its country.

2. The law can regulate the exercise of the rights and opportunities to that refers the previous clause, exclusively by reasons of age, nationality, residence, language, instruction, civil or mental capacity, or condemns, by competent judge, in criminal trial.

All the people are equals before the law. Consequently, they have the right, without discrimination, to equal protection of the law.

1. Every person has the right to a fast and simple resource or to any another effective resource before the judges or competent courts, that protect it against acts that violate their fundamental rights recognized by the Constitution, the law or the present Convention, even when such violation be committed by people that they act in exercise of their official functions.

2. The States split you compromise:

a. to guarantee that the predicted competent authority by the legal system of the State will decide on the rights of every person that interpose such resource;

b. to develop the possibilities of judicial resource, and

C. to guarantee the compliance, by the competent authorities, of every decision in which have itself reckoned coming the resource.

The States split you compromise to adopt providences, so much to internal level as by means of the technical, especially economic, and international cooperation, to achieve progressively the full effectiveness of the rights that the social, economic norms are derive from and on education, science and culture, contents in the Letter of the Organization of the American States, reformed by the Protocol of Buenos Aires, in the measure of the available resources, by way Legislative or other appropriate media.

1. In case of war, of public danger or of another emergency that threaten the independence or security of the State splits, this will be able to adopt dispositions that, in the measure and by the time strictly limited to the demands of the situation, suspend the obligations contracted by virtue of this Convention, provided that such dispositions they be not incompatible with the other obligations that the international law imposes them and they contain not discrimination It based on motives of race, color, sex, language, religion or social origin.

2. The preceding disposition does not authorize the suspension of the specific rights in the following articles: 3 (Right to the Recognition of the Legal Personality); 4 (Right to the Life); 5 (Right to the Personal Integrity); 6 (Prohibition of the Slavery and Servants); 9 (Principle of Legality and of Retroactivity); 12 (Liberty of Conscience and of Religion); 17 (Protection to the Family); 18 (Right to the Name); 19 (Right of the Boy); 20 (Right to the Nationality), and 23 (Right Political), neither of the indispensable judicial guarantees Of such rights.

3. Every State splits that make use of the right of suspension should report immediately to the other States you Split in the present Convention by conduit of the Secretary general of the Organization of the American States, of the dispositions whose application have suspended, of the motives that have stirred up the suspension and of the date in which have given by finished such suspension.

1. When it be a matter of a State splits constituted as Been Federal, the national government of said State splits will comply all the dispositions of the present Convention related to the matters on the ones that exercises judicial and legislative jurisdiction.

2. With regard to the dispositions relating to the matters that correspond to the jurisdiction of the companies components of the confederacy, the national government should take immediately the pertinent measures, according to their constitution and their laws, in order to that the competent authorities of said companies can adopt the dispositions of the case for the compliance of this Convention.

3. When two or more States split you agree to integrate among itself a confederacy or another class of association, they will take care that the corresponding common pact contain the necessary dispositions so that they continue being done cash in the new State thus organized, the norms of the present Convention.

Any disposition of the present Convention can be interpreted in the sense of:

a. to permit to some of the States you split, group or person, to suppress the enjoyment and exercise of the rights and liberties recognized in the Convention or to limit them in greater measure that the predicted one in her;

b. to limit the enjoyment and exercise of any right or liberty that can be recognized according to the laws of any of the States you Split or according to another convention in which be splits one of said States;

c. to exclude other rights and guarantees that are inherent in the human being or that are derive from the representative democratic form of government, and

D. to exclude or to limit the effect that can produce the American Statement of Rights and you Owe of the Man and other international acts of the same nature.

The restrictions permitted, according to this Convention, to the enjoyment and exercise of the rights and liberties recognized in the same one, they cannot be applied but according to laws that themselves dictaren by reasons of general interest and with the purpose for which they have been established.

They will be able to be included in the state of protection of this Convention other rights and liberties that are recognized according to the procedures established in the articles 76 and 77.

1. Every person has you owe toward the family, the community and the humanity.

2. The rights of each person are limited by the rights of the others, by the security of all and by the just demands of common good, in a democratic company.

They are competent to know of the matters related to the compliance of the commitments contracted by the States you split in this Convention:

a. the Pan-american Commission of Human Rights, call on the Commission, and

B. the Pan-american Cut of Human Rights, call on the Cut.

The Pan-american Commission of Human Rights will be composed of seven members, that should be people of highly moral authority and recognized expertise in matter of human rights.

The Commission represents to all the members that integrate the Organization of the American States.

1. The members of the Commission will be chosen to personal title by the General Assembly of the Organization of a list of candidates proposed by the governments of the member States.

2. Each one of you said governments can propose to three candidates, national of the State that propose them or of any another member State of the Organization of the American States. When a shortlist be proposed, at least one of the candidates should be national of a different State from the proponent.

1. The members of the Commission will be chosen for four years and only they will be able to be reelected once, but the mandate of three of the members appointed in the first election will expire at the end of two years. Immediately after said election they will be determined for drawing in the General Assembly the names of these three members.

2. It cannot form part of the Commission more than one national of a same State.

The vacancies that ocurrieren in the Commission, that itself not due to normal expiration of the mandate, they will be filled for the Permanent Counsel of the Organization according to what arrange the Statute of the Commission.

The Commission will prepare its Statute, will submit it to the approval of the General Assembly, and will dictate its own Regulation.

The services of Office of the secretary of the Commission should be performed for the functional unit specialized that forms part of the General Office of the secretary of the Organization and should have the necessary resources to comply the tasks that are entrusted him for the Commission.

The Commission has the main function to promote the observance and the defense of the human rights, and in the exercise of its mandate has the following functions and attributions:

a. to stimulate the conscience of the human rights in the towns of America;

b. to formulate recommendations, when reckon the convenient, to the governments of the member States so that they adopt progressive measures in favor of the human rights inside the framework of their internal laws and their constitutional precepts, just like appropriate dispositions to promote the duty respect to those rights;

c. to prepare the studies and reports that consider convenient for the performance of their functions;

d. to request of the governments of the member States that reports on the measures provide him that adopt in matter of human rights;

e. to attend the consultations that, through the General Office of the secretary of the Organization of the American States, the member States in questions related to the human rights they formulate him and, inside their possibilities, the advice will lend them that these request him;

f. to act regarding the petitions and other communications in exercise of their authority according to the arranged thing in the articles 44 to the 51 of this Convention, and

G. to yield an annual report to the General Assembly of the Organization of the American States.

The States split you should remit to the Commission copies of the reports and studies that in their respective fields submit yearly to the Executive Commissions of the Economic Pan-american Counsel and Social and of the Pan-american Counsel for the Education, the Science and the Culture, in order to that that see him because the rights by-products of the social, economic norms and on education they be promoted, science and culture, contents in the The Organization of the American States, reformed by the Protocol of Buenos Aires.

The States split you are obliged to provide to the Commission the informations that this request them on the way in which its internal right assures the effective application of any dispositions of this Convention.

Any person or group of people, or not governmental company legally recognized in one or more member States of the Organization, can present to the Commission petitions that contain accusations or you complain of violation of this Convention by a State splits.

1. Every State splits is able, at the moment of the deposit of its instrument of ratification or adhesion of this Convention, or at any moment subsequent, to declare that recognizes the competence of the Commission to receive and to examine the communications in which a State splits allege that another State splits has incurred in violations of the human rights established in this Convention.

2. The done communications by virtue of the present article only can be admitted and to examine if they are presented for a State splits that have done a statement by which recognize the above-mentioned competence of the Commission. The Commission will not admit any communication against a State splits that have not done such statement.

3. The statements on recognition of competence can be done so that this fight indefinitely, by a specific period or for specific cases.

4. The statements will be placed in the General Office of the secretary of the Organization of the American States, the one that will transmit copy of the same to the member States of said Organization.

1. So that a petition or communication presented according to the articles 44 ó 45 be admitted by the Commission, will be required:

a. that have themselves interposed and exhausted the resources of internal jurisdiction, according to the principles of the international law generally recognized;

b. that be presented inside the time limit of six months, from the date in which the presumed one injured in its rights have been notified of the final decision;

c. that the matter of the petition or communication is not alert of another procedure of international arrangement, and

D. that in the case of the article 44 the petition contain the name, the nationality, the profession, the residence and the firm of the person or people or of the legal representative of the company that submits the petition.

2. The dispositions of the clauses 1.a. and 1.b. of the present article they will not apply when:

a. exist not in the internal legislation of the State that treats the duty legal process for the protection of the right or right that is alleged have been violets;

b. have not permitted to the presumed one injured in its rights the access to the resources of the internal jurisdiction, or have been impeded to exhaust them, and

C. there be unwarranted delay in the decision on them mentioned resources.

The Commission will declare unacceptable every petition or communication presented according to the articles 44 ó 45 when:

a. lack some of the requirements indicated in the article 46;

b. expose not facts that characterize a violation of the rights guaranteed by this Convention;

c. result of the exposition of the own petitioner or of the State manifiestamente groundless the petition or communication that is to say evident its total inappropriateness, and

D. be substantially the reproduction of petition or previous communication already examined by the Commission or another international agency.

1. The Commission, upon receiving a petition or communication in which the violation be alleged of any of the rights that consecrates this Convention, will proceed in the following terms:

A. if recognizes the admissibility of the petition or communication will request informations to the Government of the State to which the authority belong indicated as responsible for the violation alleged, transcribing the pertinent parts of the petition or communication. Said informations should be envoys inside a reasonable time limit, set by the Commission upon considering the circumstances of each case;

B. received the informations or elapsed the time limit set without are received, will verify if they exist or they subsist the motives of the petition or communication. Of exist not or to subsist, will send to file the expedient;

c. will be able also to declare the unacceptability or the inappropriateness of the petition or communication, on the base of an information or tests sobrevinientes;

D. if the expedient has not been filed and in order to verifying the facts, the Commission will carry out, with knowledge of the parts, an exam of the matter presented in the petition or communication. If fuere necessary and convenient, the Commission will carry out an investigation for whose efficient compliance will request, and the States interested they will provide him, all the necessary facilities;

e. will be able to ask to the States interested any pertinent information and will receive, if thus him is requested, the verbal expositions or written that feel them interested;

F. will be put at the disposal of the parts interested, in order to arrive to a friendly solution of the matter based on the respect to the human rights recognized in this Convention.

2. Nevertheless, in urgent and serious cases, can be carried out an investigation subject to consent of the State in whose territory be alleged to have committed the violation, only with the presentation of a petition or communication that gather all the formal requirements of admissibility.

If it has arrived at a friendly solution in accordance with the dispositions of the clause 1.f. of the article 48 the Commission will edit a report that will be transmitted the petitioner and to the States you split in this Convention and communiqué later, for its publication, to the Secretary general of the Organization of the American States. This report will contain a brief exposition of the facts and of the solution achieved. If any of the parts in the case they request it, will supply them itself the most extensive possible information.

1. Of arrive not at a solution, and inside the time limit that set the Statute of the Commission, this will edit a report in which will expose the facts and its conclusions. If the report does not represent, in all or in part, the unanimous opinion of the members of the Commission, any of them will be able to add to said report its opinion by separated. Also they will be added to the report the verbal expositions or written that have done them interested by virtue of the clause 1.e. of the article 48.

2. The report will be transmitted to the States interested, who they will not be authorized to publish it.

3. Upon transmitting the report, the Commission can formulate the proposals and recommendations that judge adequate.

1. If in the time limit of three months, from the remission to the States interested of the report of the Commission, the matter has not been solved or submitted to the decision of the Cut by the Commission or by the State interested, accepting its competence, the Commission will be able to emit, by simple majority of votes of its members, its opinion and conclusions on the question submitted to its consideration.

2. The Commission will do the pertinent recommendations and will set a time limit inside which the State should take the measures that be of concern him to remedy the situation examined.

3. It elapsed the period set, the Commission will decide, by the simple majority of votes of its members, if the State has taken or not adequate measures and if publishes or not its report.

1. The Cut will be composed of seven judges, national of the member States of the Organization, chosen to personal title among jurists of the highest moral authority, of recognized competence in matter of human rights, that gather the conditions required for the exercise of the highest judicial functions according to the law of the country of which they be national or of the State that propose them as the candidates.

2. There should not be two judges of the same nationality.

1. The judges of the Cut will be chosen, in secret ballot and by simple majority of votes of the States you split in the Convention, in the General Assembly of the Organization, of a list of candidates proposed by those same States.

2. Each one of the States you split can propose to three candidates, national of the State that proposes them or of any another member State of the Organization of the American States. When a shortlist be proposed, at least one of the candidates should be national of a different State from the proponent.

1. The judges of the Cut will be chosen for a period of six years and only they will be able to be reelected once. The mandate of three of the judges appointed in the first election, will expire at the end of three years. Immediately after said election, they will be determined for drawing in the General Assembly the names of these three judges.

2. The chosen judge to replace to another whose mandate has not expired, he will complete the period of this.

3. The judges will remain in functions to the term of their mandate. Nevertheless, they will continue knowing of the cases to that already they had been headed and that be found in state of sentence, to whose effects they will not be substituted by the new chosen judges.

1. The judge that be national of some of the States you split in the case submitted to the Cut, will conserve its right to know of the same one.

2. If one of the called judges to know of the case fuere of the nationality of one of the States you split, another State splits in the case will be able to appoint a person of its election so that integrate the Cut as judge ad hoc.

3. If among the called judges to know of the not a single case fuere of the nationality of the States you split, each one of these will be able to appoint a judge ad hoc.

4. The judge ad hoc should meet the qualities indicated in the article 52.

5. If various States you split in the Convention tuvieren a same interest in the case, they will be considered like a single part for the end of the preceding dispositions. In case of doubt, the Cut will decide.

The quorum for the deliberations of the Cut is of five judges.

The Commission will appear in all the cases before the Cut.

1. The Cut will have its headquarters in the place that determine, in the General Assembly of the Organization, the States you split in the Convention, but will be able to celebrate meetings in the territory of any member State of the Organization of the American States in which consider the convenient by majority of its members and subject to acquiescence of the respective State. The States you split in the Convention they are able, in the General Assembly for two thirds of their votes, to change the headquarters of the Cut.

2. The Cut will appoint its Secretary.

3. The Secretary will reside in the headquarters of the Cut and he should attend the meetings that she celebrate out of the same one.

The Office of the secretary of the Cut will be established by this and will function under the direction of the Secretary of the Cut, according to the administrative norms of the General Office of the secretary of the Organization in everything that be not incompatible with the independence of the Cut. Its officials will be named by the Secretary general of the Organization, in consultation with the Secretary of the Cut.

The Cut will prepare its Statute and will submit it to the approval of the General Assembly, and will dictate its Regulation.

1. Only the States you split and the Commission they have the right to submit a case to the decision of the Cut.

2. So that the Cut can know of any case, is necessary that are exhausted the procedures predicted in the articles 48 to 50.

1. Every State splits is able, at the moment of the deposit of its instrument of ratification or adhesion of this Convention, or at any moment subsequent, to declare that recognizes as obligatory of full right and without special convention, the competence of the Cut on all the cases relating to the interpretation or application of this Convention.

2. The statement can be done unconditionally, or low condition of reciprocity, by a specific time limit or for specific cases. It should be presented the Secretary general of the Organization, who will transmit copies of the same one to the other member States of the Organization and to the Secretary of the Cut.

3. The Cut has competence to know of any case relating to the interpretation and application of the dispositions of this Convention that be him submitted, provided that the States you split in the case they have recognized or they recognize happiness competence, prays for special statement, as is indicated in the previous clauses, prays for special convention.

1. When it decide that there was violation of a right or liberty protected in this Convention, the Cut will direct that be guaranteed upon injuring in the enjoyment of its right or liberty conculcados. It will arrange likewise, if it was coming, that the consequences of the measure be repaired or situation that has configured the violation of those rights and the payment of a just compensation to the part injured.

2. In cases of extreme gravity and urgency, and when be done necessary to avoid irreparable damages to the people, the Cut, in the matters that is knowing, will be able to take the provisional measures that consider pertinent. If I was a matter of matters that not yet be submitted to its knowledge, will be able to act to request of the Commission.

1. The member States of the Organization will be able to consult to the Cut about the interpretation of this Convention or of other treated concernientes to the protection of the human rights in the American States. Likewise, they will be able to consult it, in which is of concern them, the organs enumerated in the chapter X of the Letter of the Organization of the American States, reformed by the Protocol of Buenos Aires.

2. The Cut, to request of a member State of the Organization, will be able to give him opinions about the compatibility between any of its internal laws and them mentioned international instruments.

The Cut will submit to the consideration of the General Assembly of the Organization in each ordinary period of sessions a report on its work in the previous year. In a special way and with the pertinent recommendations, will indicate the cases in which a State have not given compliance to its failures.

1. The failure of the Cut will be motivated.

2. If the failure did not I express in all or in part the unanimous opinion of the judges, any of these will have the right to that be added to the failure its dissident or individual opinion.

The failure of the Cut will be final and unappealable. In case of disagreement on the sense or reach of the failure, the Cut will interpret it to request of any of the parts, provided that said request itself present inside the ninety days from the date of the notification of the failure.

1. The States you split in the Convention they compromise to comply the decision of the Cut in every case in which be parts.

2. The part of the failure that arrange financial compensation will be able to execute in the respective country by the internal procedure in force for the execution of sentences against the State.

The failure of the Cut will be notified to the parts in the case and transmitted to the States you split in the Convention.

1. The judges of the Cut and the members of the Commission enjoy, since the moment of its election and while its mandate last, of the immunities recognized to the diplomatic agents by the international law. During the exercise of their charges they enjoy, besides, of the necessary diplomatic privileges for the performance of their functions.

2. It will be able to be required responsibility in no time to the judges of the Cut neither to the members of the Commission by votes and opinions emitted in the exercise of its functions.

They are incompatible the charges of judge of the Cut or members of the Commission with other activities that pudieren to affect its independence or impartiality according to what be determined in the respective Statutes.

The judges of the Cut and the members of the Commission will perceive emoluments and traveling expenses in the form and conditions that determine their Statutes, keeping in mind the importance and independence of their functions. Such emoluments and traveling expenses will be set in the program-budget of the Organization of the American States, the one that should include, besides, the expenses of the Cut and of its Office of the secretary. To these effects, the Cut will devise its own project of budget and will submit it to the approval of the General Assembly, by conduit of the General Office of the secretary. This last one will not be able to introduce him modifications.

Only to request of the Commission or of the Cut, according to the case, corresponds to the General Assembly of the Organization to resolve on the applicable sanctions to the members of the Commission or judges of the Cut that had incurred in the causal predicted in the respective Statutes. To dictate a resolution will be required a majority of the two thirds of the votes of the member States of the Organization in the case of the members of the Commission and, besides, of the two thirds of the votes of the States you split in the Convention, if I was a matter of judges of the Cut.

1. This Convention remains open to the firm and to the ratification or adhesion of member every State of the Organization of the American States.

2. The ratification of this Convention or the adhesion to the same one will be performed by means of the deposit of an instrument of ratification or of adhesion in the General Office of the secretary of the Organization of the American States. As quick as eleven States have placed its respective instruments of ratification or of adhesion, the Convention go into effect. With respect to all another State that ratify it or adhiera to her subsequent, the Convention go into effect in the date of the deposit of its instrument of ratification or of adhesion.

3. The Secretary general will inform all the member States of the Organization of the entrance in vigor of the Convention.

This Convention only can be object of reserves according to the dispositions of the Convention of Vienna on Right of the Treaties, subscribed May 23, 1969.

1. Any State splits directly and the Commission or the Cut by conduit of the Secretary general, they can submit to the General Assembly, for what reckon convenient, a proposal of amendment to this Convention.

2. The amendments go into effect for the States ratificantes of the same in the date in which have placed the respective instrument of ratification that correspond to the number of the two thirds of the States you split in this Convention. As for the remainder of the States you split, they go into effect in the date in which they place their respective instruments of ratification.

1. According to the faculty established in the article 31, any State splits and the Commission they will be able to submit to the consideration of the States you split met with occasion of the General Assembly, projects of additional protocols to this Convention, with the purpose to include progressively in the state of protection of the same one other rights and liberties.

2. Each protocol should set the modalities of its entrance in vigor, and will apply only among the States you split in the same one.

1. The States split you will be able to denounce this Convention after the expiration of a time limit from five years from the effective date of the same one and by means of a legal notice of a year, notifying the Secretary general of the Organization, who should inform the other parts.

2. Said accusation will not consider effect to untie to the State splits interested of the contained obligations in this Convention in which concerns to every fact that, being able to constitute a violation of those obligations, have been completed by him previously to the date in which the accusation produces effect.

Upon going into effect this Convention, the Secretary general will ask in writing to each Member State of the Organization that present, inside a time limit of ninety days, its candidates for members of the Pan-american Commission of Human Rights. The Secretary general will prepare a list alphabetically of the candidates presented and he will communicate it to the member States of the Organization at least thirty days before the next General Assembly.

The election of members of the Commission will be done from among the candidates that figure in the list to that refers the article 79, by secret ballot of the General Assembly and chosen the candidates will be declared that obtain greater number of votes and the simple majority of the votes of the representatives of the member States. If to elect to all the members of the Commission I turned out to be necessary to perform several votings, will be eliminated so on, in the form that determine the General Assembly, to the candidates that receive smaller number of votes.

Upon going into effect this Convention, the Secretary general will ask in writing to each State splits that present, inside a time limit of ninety days, its candidates for judges of the Pan-american Cut of Human Rights. The Secretary general will prepare a list alphabetically of the candidates presented and he will communicate it to the States you split at least thirty days before the next General Assembly.

The election of judges of the Cut will be done from among the candidates that figure in the list to that refers the article 81, by secret ballot of the States you split in the General Assembly and chosen the candidates will be declared that obtain greater number of votes and the simple majority of the votes of the representatives of the States split. If to elect to all the judges of the Cut I turned out to be necessary to perform several votings, they will be eliminated so on, in the form that determine the States you split, to the candidates that receive smaller number of votes.