American Convention on Human Rights

Article 25. RIGHT TO JUDICIAL PROTECTION. 1. Everyone has the right to
simple and prompt recourse, or any other effective recourse, to a competent
court or tribunal for protection against acts that violate his fundamental
rights recognized by the constitution or laws of the state concerned or by
this Convention, even though such violation may have been committed by
persons acting in the course of their official duties.

2. The States Parties undertake:

a. To ensure that any person claiming such remedy shall have his rights
determined by the competent authority provided for by the legal
system of the state;

b. To develop the possibilities of judicial remedy; and

c. To ensure that the competent authorities shall enforce such remedies
when granted.

CHAPTER III. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

Article 26. PROGRESSIVE DEVELOPMENT. The States Parties undertake to adopt
measures, both internally and through international cooperation, especially
those of an economic and technical nature, with a view to achieving
progressively, by legislation or other appropriate means, the full
realization of the rights implicit in the economic. social, educational,
scientific, and cultural standards set forth in the Charter of the
Organization of American States as amended by the Protocol of Buenos Aires.

CHAPTER IV. SUSPENSION OF GUARANTEES, INTERPRETATION, AND APPLICATION

Article 27. SUSPENSION OF GUARANTEES. 1. In time of war, public danger, or
other emergency that threatens the independence or security of a State
Party, it may take measures derogating from its obligations under the
present Convention to the extent and for the period of time strictly
required by the exigencies of the situation, provided that such measures are
not inconsistent with its other obligations under international law and do
not involve discrimination on the ground of race, color, sex, language,
religion, or social origin.

2. The foregoing provision does not authorize any suspension of the
following articles: Article 3 (Right to juridical personality), Article 4
(Right to life), Article 5 (Right to humane treatment), Article 6 (Freedom
from slavery), Article 9 (Freedom from ex post facto laws), Article 12
(Freedom of conscience and religion), Article 17 (Rights of the family),
Article 18 (Right to a name), Article 19 (Rights of the child), Article 20
(Right to nationality), and Article 23 (Right to participate in Government),
or of the judicial guarantees essential for the protection of such rights.

3. Any State Party availing itself of the right of suspension shall
immediately inform the other States Parties, through the Secretary General
of the Organization of American States, of the provisions the application
of which it has suspended, the reasons that gave rise to the suspension, and
the date set for the termination of such suspension.

Article 28. FEDERAL CLAUSE. 1. Where a State Party is constituted as a
federal state, the national government of such State Party shall implement
all the provisions of the Convention over whose subject matter it exercises
legislative and judicial jurisdiction.

2. With respect to the provisions over whose subject matter the constituent
units of the federal state have jurisdiction, the national government shall
immediately take suitable measures, in accordance with its constitution and
its laws, to the end that the competent authorities of the constituent units
may adopt appropriate provisions for the fulfillment of this Convention.

3. Whenever two or more States Parties agree to form a federation or other
type of association, they shall take care that the resulting federal or
other compact contains the provisions necessary for continuing and rendering
effective the standards of this Convention in the new state that is
organized.

Article 29. RESTRICTIONS REGARDING INTERPRETATION. No provision of this
Convention shall be interpreted as:

a. Permitting any State Party, group, or person to suppress the
enjoyment or exercise of the rights and freedoms recognized in this
Convention or to restrict them to a greater extent than is provided
for herein;

b. Restricting the enjoyment or exercise of any right or freedom
recognized by virtue of the laws of any State Party or by virtue of
another convention to which one of the said states is a party;

c. Precluding other rights or guarantees that are inherent in the human
personality or derived from representative democracy as a form of
government; or

d. Excluding or limiting the effect that the American Declaration of the
Rights and Duties of Man and other international acts of the same
nature may have.

Article 30. SCOPE OF RESTRICTIONS. The restrictions that. pursuant to this
Convention, may be placed on the enjoyment or exercise of the rights or
freedoms recognized herein may not be applied except in accordance with laws
enacted for reasons of general interest and in accordance with the purpose
for which such restrictions have been established.

Article 31. RECOGNITION OF OTHER RIGHTS. Other rights and freedoms
recognized in accordance with the procedures established in Articles 76 and
77 may be included in the system of protection of this Convention.

CHAPTER V. PERSONAL RESPONSIBILITIES

Article 32. RELATIONSHIP BETWEEN DUTIES AND RIGHTS. 1. Every person has
responsibilities to his family, his community, and mankind.

2. The rights of each person are limited by the rights of others, by the
security of all, and by the just demands of the general welfare, in a
democratic society .

Author: international

Mentioned in these Entries

American Convention on Human Rights.