became a permanent part of the OAS through its inclusion as a charter organ.169 It has broad
powers to promote and protect human rights in all member states of the OAS. As the ACHR
states, "the main function of the Commission shall be to promote respect for and defense of hu-
man rights."170 The IACHR is empowered to report, as it wishes, on the general human rights
situation in member states. It may also independently conduct on-site observations by fact-
finding missions in particular countries and for individual cases, with that government’s con-
sent.171 It has thereby a different function from the former European Commission.
The IACHR also examines petitions filed by individuals who claim the violation of a protected
right and may recommend measures to be carried out by the state to remedy the violation. The
IACHR cannot render legally binding judgments.172 Only if the country involved has accepted
the IAC’s jurisdiction,173 the IACHR may submit the case to the IAC for a binding decision. It
then appears before the IAC in the litigation of the cases. Whereas the IAC may only apply the
ACHR, the IACHR174 may apply also other Conventions, i.a. the Additional Protocol in the Area
of Economic, Social and Cultural Rights. But even this protocol only admits the justiciability of
two rights, i.e. trade union rights (Art. 8) and the right to education (Art. 13).175 Thus, a whole
array of rights, including rights with a more collective character is covered by the Inter-
169 The IACHR was created already by the Charter of the OAS in 1959 and entered into force in 1960. See
Protocol of Amendment to Charter of the Organization of American States, Feb. 27, 1967, 21 U.S.T. 607,
T.I.A.S. No. 6847, 721 U.N.T.S. 324, Art. 51.
170 Art. 41 ACHR.
171 The IACHR carries out those on-site visits to countries to engage in more in-depth analysis of the general
situation or to investigate a specific situation. These visits usually result in the preparation of a report
regarding the human rights situation observed, which is published and presented to the Permanent Council
and General Assembly of the OAS. The IACHRs’ functions regarding individual petitions have increased in
importance as its on-site visits and country reports have faded, see Christina Cerna, “The Inter-American
System for the Protection of Human Rights”, Florida Journal of International Law 16 (2004), 195-212, at
199.
172 But see for the practice of recognizing the obligatory character of the IACHRs’ recommendations, Christina
Cerna, “The Inter-American Commission on Human Rights: Its Organization and Examination of Petitions
and Communications”, in: David J. Harris/Stephen Livingstone (eds.), The Inter-American System of Human
Rights, 1998, Oxford, 65-114, at 104 et seq. Furthermore, the IACHR changed rule 44 of its Rules of
Procedure, which provides that if the state has not complied with the Inter-American Commission’s
recommendations as set forth in the merits report on the case, the case shall be sent to the Inter-American
Court of Human Rights, unless four members of the IACHR take a reasoned decision that it should not be
sent.
173 Art. 62 (3) ACHR. As of 1 January 2003 21 State Parties to the Convention had accepted the compulsory
jurisdiction of the Court as binding ipso facto. Acceptance may also occur on an ad hoc basis for a special
case. The Court has powers to issue decisions of both an advisory nature as well as in contentious cases.
174 The procedures for individual complaints from the OAS Charter System and the ACHR systems are found in
different sources. In Case of the OAS Charter system, the complaints procedure is provided by regulation 51-
54 of the IACHR’s Regulations, whereas the complaint procedure under the ACHR are contained in ACHR.
In the OAS system, the IACHR may not transfer the cases to the IAC and is thus the final decision maker.
See for an example of this two-tiers system for the Inter-American Convention on the Prevention,
Punishment and Eradication of Violence Against Women Anthony P. Ewing, “Establishing State
Responsibility for Private Acts of Violence Against Women under the American Convention on Human
Rights”, Columbia Human Rights Law Review 26 (1995), 751-800, 795.
175 Art. 19 of the Additional Protocol to the American Convention on Human Rights in the Area of Economic,
Social, and Cultural Rights "Protocol of San Salvador," Inter-Am. C.H.R. 67, OEA/ser. L./V./II.82, doc. 6
rev.1 (1992).
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