Skip to main content Accessibility help
×
Home
Hostname: page-component-559fc8cf4f-dxfhg Total loading time: 13.16 Render date: 2021-03-01T00:47:34.479Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": false, "newCiteModal": false, "newCitedByModal": true }

The New Rules of Procedure of the Inter-American Commission on Human Rights

Published online by Cambridge University Press:  27 February 2017

Abstract

Image of the first page of this article
Type
International Legal Materials
Copyright
Copyright © American Society of International Law 2010

Access options

Get access to the full version of this content by using one of the access options below.

Footnotes

*

Christina M. Cerna is a Principal Specialist in human rights at the Inter-American Commission on Human Rights of the Organization of American States. The views and the opinions expressed are those of the author and do not necessarily represent those of the General Secretariat or of the Organization of American States.

References

* This text was reproduced and reformatted from the text available at Center for Justice and International Law official website (visited March 29, 2010) http://cejil.org/en/instrumentos/reglamento-de-la-comision-interamericana-de-derechos-humanos-cidh-2010.

1 See Christina M., Cerna, the New Rules of Procedure of the Inter-American Commission on Human Rights, 40 I.L.M. 748 (2001).Google Scholar

2 OAS G.A. Res. 1701, AG/RES. 1701 (XXX-O/00) (June 5, 2000), reprinted in Inter-Am. C.H.R. No 1, at 25 (2001).

3 Article 23 of the Court’s 2001 Rules gave the victims, their next of kin, or their duly accredited representatives autonomy in the presentation of their “pleadings, motions and evidence throughout the proceedings.” Under the previous Court Rules, the victim, the relatives of the victim, or the victim’s representatives were inappropriately designated the “assistants” of the Commission in the proceedings, when, in fact, they were the interested “party.” Prior to these 2001 modifications, the representatives of the victims could only present their own positions as regards the reparations they sought pursuant to a 1997 modification in the Rules, which was the first step to autonomy from the Commission.

4 For a more extensive discussion of these issues, see Christina M. Cerna, Are We Headed in the Right Direction? Reflections on the New (2001) Rules of Procedure of the Inter-American Commission on Human Rights in Light of the Experience of the European System, in Human Rights and Refugees, Internally Displaced Persons and Migrant Workers: Essays in Memory of Joan Fitzpatrick and Arthur Helton (Anne F. Bayefsky ed., 2006).

5 Id.

6 The revised Rules will put an end to the Secretariat’s former practice of producing an “application” separate from the Article 50 merits report approved by the Commission. The introduction of new violations and legal arguments in the application only served to aggravate respondent States that had to respond to the merits report, the application, and the pleadings of the victim’s representatives. For a longer discussion of this issue, see Cerna, supra note 4.

7 See Statute of the Inter-American Commission on Human Rights art. 8, Oct. 1, 1979, O.A.S. Res. 447 (IX-0/79), OEA/Ser.L/V/II 50, doc.13 rev. 1, at 10 (1980), reprinted in Basic Documents Pertaining to Human Rights in the Inter-American System, OEA/Ser.L.V/II.82, doc.6 rev.1, at 93 (1992).

8 In the European system, the European Court of Human Rights published the European Commission’s merits reports as an appendix to its judgment. Regrettably, this practice was never imitated by the Inter-American Court, and the Inter-American Commission also failed to publish its merits reports.

Full text views

Full text views reflects PDF downloads, PDFs sent to Google Drive, Dropbox and Kindle and HTML full text views.

Total number of HTML views: 0
Total number of PDF views: 13 *
View data table for this chart

* Views captured on Cambridge Core between 27th February 2017 - 1st March 2021. This data will be updated every 24 hours.

Send article to Kindle

To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

The New Rules of Procedure of the Inter-American Commission on Human Rights
Available formats
×

Send article to Dropbox

To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

The New Rules of Procedure of the Inter-American Commission on Human Rights
Available formats
×

Send article to Google Drive

To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

The New Rules of Procedure of the Inter-American Commission on Human Rights
Available formats
×
×

Reply to: Submit a response


Your details


Conflicting interests

Do you have any conflicting interests? *