Guide to International Human Rights Mechanisms - Brookings

Go To Part I II III IV V
party to the American Convention and has accepted the Court’s jurisdiction. Petitioners have the
opportunity to provide arguments in favor of transmittal. In either event, it then reports publicly on
the case to the OAS General Assembly. It may then follow up with the parties after publication to
monitor ongoing compliance.
If the Court receives a case, it will request written submissions from both sides and then conduct
a hearing, usually consolidating issues of admissibility, the substantive issues of the case and
appropriate compensation or reparations. It will then issue a binding decision, which may order the
state to provide reparations and compensation to the victim.
Potential result If successful, a petition to the Commission may result in:
• A friendly settlement brokered by the Commission
• A Commission report finding a violation with recommendations to the state, which is publicly
reported to the OAS General Assembly
• A referral to the Court which in turn may lead to a decision by the Court of a violation and a
binding order to the state to provide compensation, reparations or perform other acts (such as
releasing someone from detention)
send communications to:
Inter-American Commission on Human Rights
1889 F Street, NW
Washington, DC 20006
USA
Fax: +1 202 458 3992
E-mail: cidhoea@oas.org
Copies of petitions should also be sent to the Commission’s Special Rapporteurs on persons of
African descent (page 177), freedom of expression (page 178), and women (page 180), if they
concern issues or persons relevant to their mandates, as they are charged with facilitating the
Commission’s consideration of such cases.
for more information
Regional Mechanisms | The Americas
The various human rights treaties and instruments in the Americas region are reproduced in Basic
Documents Pertaining to the Inter-American System, OAS/Ser.L/V/I.4 rev.9 (22 May 2001), and at
www.oas.org
Commission’s website: www.cidh.oas.org/DefaultE.htm
Court’s website: www.corteidh.or.cr/index_ing.html
Beth Lyon and Soren Rottman, “The Inter-American Mechanisms,” in Human Rights Protection
for Refugees, Asylum Seekers and Internally Displaced Persons: A Guide to International Mechanisms and
Procedures ( Joan Fitzpatrick, ed., Transnational Publishers, Inc., 2002), 439-94.
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates 1