American Convention on Human Rights

 

 

PART I. STATE OBLIGATIONS AND RIGHTS PROTECTED

CHAPTER I. GENERAL OBLIGATIONS

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 I 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

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 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:

a. Work or service normally required of a person imprisoned in execution
of a sentence or formal decision passed by the competent judicial
authority; such work or service shall be carried out under the
supervision and control of public authorities, and any persons
performing such work or service shall not be placed at the disposal
of any private party, company, or juridical person;

b. Military service and, in countries in which conscientious objectors
are recognized, national service that the law may provide for in lieu
of military service;

c. Service exacted in time of danger or calamity that threatens the
existence or the well-being of the community; or

d. Work or service that forms part of normal civic obligations.

 

Article 7. RIGHT TO PERSONAL LIBERTY. 1. Every person has the right topersonal liberty and security.

2. No one shall be deprived of his physical liberty except for the reasons
and under the conditions established beforehand by the constitution of the
State Party concerned or by a law established pursuant thereto.

3. No one shall be subject to arbitrary arrest or imprisonment.

4. Anyone who is detained shall be informed of the reasons for his detention
and shall be promptly notified of the charge or charges against him.

5. Any person detained shall be brought promptly before a judge or other
officer authorized by law to exercise judicial power and shall be entitled
to trial within a reasonable time or to be released without prejudice to the
continuation of the proceedings. His release may be subject to guarantees
to assure his appearance for trial.

6. Anyone who is deprived of his liberty shall be entitled to recourse to
a competent court, in order that the court may decide without delay on the
lawfulness of his arrest or detention and order his release if the arrest
or detention is unlawful. In States Parties whose laws provide that anyone
who believes himself to be threatened with deprivation of his liberty is
entitled to recourse to a competent court in order that it may decide on the
lawfulness of such threat, this remedy may not be restricted or abolished.
The interested party or another person in his behalf is entitled to seek
these remedies.

7. No one shall be detained for debt. This principle shall not limit the
orders of a competent judicial authority issued for nonfulfillment of duties
of support.

 

Author: international

Mentioned in these Entries

American Convention on Human Rights, Other provisions.