Inter-American Commission on Human Rights

 
CSOs and other advocates may submit thematic hearing requests to the Commission. These thematic hearings are used by the Commission to compile up-to-date information on a human rights issue impacting one or more states within the OAS. Prior to the Commission’s sessions, CSOs may also submit requests for thematic hearings on violence against women or related topics. These types of hearings may be used by advocates as part of a wider advocacy strategy, including raising awareness at a regional-level, focusing the work of the Commission on a specific VAW-related topic and reinforcing advocacy efforts also taking place within the United Nations.
 
When a thematic hearing involves a single OAS member state, the hearing will usually last one hour. During this time, government delegations and members of civil society are invited to speak. When a multi-country hearing takes place, the hearings usually last 45 minutes. This is because the Commission does not allow government delegations and uses the time to gather information from civil society on the issue concerned. Thematic hearing requests may be submitted via the Commission’s online portal (note: the system will not accept submissions over a certain size). These requests will be subject to submission deadlines and interested parties are encouraged to check requirements for submission online for the most up-to-date information.
 
You can check the Commission’s database for video of past sessions and activities on the rights of women or take a look at the full calendar to view all upcoming events

 
The right of individual complaint gives particular strength to the Belém do Pará Convention. Individual, groups or organisations can file a complaint to the Commission about a member state’s violation or failure to protect women’s human rights. Complaints must fall within the scope of the one of Inter-American human rights treaties:

• American Convention on Human Rights (Pact of San Jose, Costa Rica)
• Inter-American Convention to Prevent and Punish Torture
• Additional Protocol to the American Convention in the area of Economic, Social and Cultural Rights (Protocol of San Salvador)
• Protocol to the American Convention on Human Rights to Abolish the Death Penalty
• Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará)
• Inter-American Convention on Forced Disappearance of Persons
• Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities

Admissibility Requirements

Before filing a petition, certain requirements must be met. These determine the ‘admissibility’ of the petition and are the first step in ensuring the Commission may hear a case. Broadly, these requirements are:

• Exhaustion of domestic remedies. The applicant must have pursued and exhausted available remedies under domestic law in accordance with generally recognised principles of international law (Article 46.1 American Convention on Human Rights)
  • Note: There are exceptions to this requirement. Article 46.2 of the American Convention on Human Rights asserts that:
    • a. the domestic legislation of the state concerned does not afford due process of law for the protection of the right or rights that have allegedly been violated;
    • b. the party alleging violation of his rights has been denied access to the remedies under domestic law or has been prevented from exhausting them;
    • c. there has been unwarranted delay in rendering a final judgment under the aforementioned remedies.
• Time limit. The petition must be filed within 6 months of the date of notification of the final judicial decision that exhausted all possible domestic remedies
  • Note: There are exceptions to this requirement. Article 46.2 of the American Convention on Human Rights asserts that:
    • a. the domestic legislation of the state concerned does not afford due process of law for the protection of the right or rights that have allegedly been violated;
    • b. the party alleging violation of his rights has been denied access to the remedies under domestic law or has been prevented from exhausting them;
    • c. there has been unwarranted delay in rendering a final judgment under the aforementioned remedies.
• Relevance. The petition must relate to the specific human rights treaties above. A petition cannot be filed simply because someone is unhappy with the outcome.

For further elaboration on exceptions to the exhaustion of domestic remedies and time limit for individual petitions to the Commission, see the Inter-American Court of Human Right’s advisory opinion (10 August 1990): ‘Exceptions to the Exhaustion of Domestic Remedies (Arts. 46(1), 46(2)(a) and 46 (2)(b) of the American Convention on Human Rights)‘)

• See also: Admissibility Report No. 16/05 on the ‘Cotton Field’ case (para. 17-23)

Outcomes

If the state is found to have violated a person’s rights, the Commission must determine what the state must do to repair the damage and prevent the recurrence of a similar situation. These ruling not only define specific obligations for the state concerned, but for all member states. Each ruling is an interpretation and application of the Convention which defines what human rights treaties mean in certain circumstances. If, for any reason, the Commission is unable to resolve a case, it may refer the case to the Inter-American Court of Human Rights to reach a conclusion. In certain cases of serious and urgent concern, the Commission may also adopt precautionary measures to protect individuals from further human rights violations.

Learn how and where to file a petition through the Commission’s informational brochure or access the individual petition system portal for more in-depth information. You can also take a look at some of the Commission’s landmark decisions on VAW cases by visiting our ‘Landmark Cases’ page.