Inter-American Court of Human Rights facts for kids

Quick facts for kids Inter-American Court of Human Rights
Corte Interamericana de Derechos Humanos  (Spanish) Corte Interamericana de Direitos Humanos  (Portuguese) Cour interaméricaine des droits de l'homme  (French)
Established	22 May 1979 (1979-05-22)
Country	The Americas
Location	San José, Costa Rica
Authorized by	American Convention on Human Rights Statute of the Inter-American Court of Human Rights
Judge term length	Six years
Number of positions	Seven
Website	https://www.corteidh.or.cr/index.cfm?lang=en
President
Currently	Ricardo Pérez Manrique
Since	2022
Vice-President
Currently	Eduardo Ferrer Mac-Gregor Poisot
Since	2022

The Inter-American Court of Human Rights (also called IACHR or IACtHR) is an international court. It is located in San José, Costa Rica. This court works with the Inter-American Commission on Human Rights. Both were created by the American Convention on Human Rights. This is a special agreement about human rights that many countries in the Organization of American States (OAS) have agreed to follow.

The Inter-American Court helps to protect and promote basic rights and freedoms. It has power in about 20 countries in the Americas. Most of these countries are in Latin America. The court looks into complaints of human rights violations by governments. It also gives advice on how to understand certain legal rules.

What the Court Does

Members of the IACtHR.
Dark red – accept blanket jurisdiction of the court
Orange – signatories not accepting full jurisdiction
Yellow – former members

The Organization of American States (OAS) started the Court in 1979. Its main job is to make sure the rules of the American Convention on Human Rights are followed. It also helps explain these rules. The Court has two main roles: deciding cases and giving advice.

Deciding Cases: Adjudicatory Role

When the Court decides cases, it hears and rules on specific complaints. These complaints are about countries that have broken human rights rules. For the Court to hear a case, the country must have agreed to its authority.

Many countries have accepted the Court's power to hear cases. These include Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru, and others. Some countries, like Trinidad and Tobago and Venezuela, have left the agreement later.

People cannot take cases directly to the Court. First, they must complain to the Inter-American Commission on Human Rights. The Commission checks if the complaint is valid. If it is, the Commission usually asks the country to fix the problem.

• If the country does not follow the Commission's advice, the case might go to the Court.
• The Commission might also send a case to the Court if it is very important.
• So, going to the Court is often a last step. It happens after the Commission has tried to solve the issue.

How a Case Works: Written Part

A case starts with a written application. This paper explains the facts, who is complaining, and what evidence they have. It also says what they want the Court to do. If the Court accepts the application, everyone involved gets a notice.

The country being accused can then send a written response. They have 60 days to say if they agree or disagree with the facts. After this, the Court can decide if more papers are needed before the oral part begins.

How a Case Works: Oral Part

Next, the judges meet to hear the case in person. At least five judges must be present. During this part, judges can ask questions to anyone speaking. This includes witnesses and experts. The people involved in the case can also ask questions.

The Court's Decision

After hearing everything, the Court makes its decision. Judges discuss the case in private. Once a decision is made, everyone involved is told. If the decision does not include how to fix the problem, the Court will decide that later.

The Court can order different ways to fix problems. This can include money for the victims or their families. But it can also mean other things. For example, a country might have to:

• Give free healthcare or education.
• Say sorry in public.
• Change its laws to prevent future problems.
• Build a memorial for victims.

For example, in a case from 2001 called the Barrios Altos case, the Court ordered Peru to pay money to victims' families. It also told Peru to provide healthcare and education. Peru had to change some laws and apologize publicly. The Court's decisions are final and cannot be appealed.

Giving Advice: Advisory Role

The Court also gives advice. Other OAS groups or member countries can ask for help. They might want to understand parts of the Human Rights Convention. The Court can also advise if a country's laws fit with the Convention. This advisory role is open to all OAS members, even if they haven't agreed to the Court's case-deciding power. The Court's advice is published as "advisory opinions."

Who Joins the Court?

The American Convention on Human Rights started in 1978. Most Latin American countries are members, except for Cuba. Some Caribbean countries like Suriname are also members.

Some countries have left the agreement or tried to.

• Trinidad and Tobago joined in 1991 but left in 1999.
• Peru tried to leave in 1999 but rejoined in 2001.
• Venezuela left in 2013. However, in 2019, an opposition government tried to rejoin.
• The Dominican Republic said it was leaving in 2014, but the Court still considers it a member.
• The United States signed the Convention but never fully agreed to it.

State	IACtHR Alone	ICC Alone	Both	Ratification of IACtHR convention	Recognition of jurisdiction	Withdrawal	Reinsertion
Antigua and Barbuda		*
Argentina			*	1984	1984
The Bahamas
Barbados			*	1981	2000
Belize		*
Bolivia			*	1979	1993
Brazil			*	1992	1998
Canada		*
Chile			*	1990	1990
Colombia			*	1973	1985
Costa Rica			*	1970	1980
Cuba
Dominica			*	1993
Dominican Republic		?	?	1978	1999	?
Ecuador			*	1977	1984
El Salvador			*	1978	1995
Grenada			*	1978
Guatemala			*	1978	1987
Guyana		*
Haiti	*			1977	1998
Honduras			*	1977	1981
Jamaica	*			1978
Mexico			*	1981	1998
Nicaragua	*			1979	1991
Panama			*	1978	1990
Paraguay			*	1989	1993
Peru			*	1978	1981
Saint Kitts and Nevis		*
Saint Lucia		*
Saint Vincent and the Grenadines		*
Suriname			*	1987	1987
Trinidad and Tobago		*		1991	1991	1999
United States
Uruguay			*	1985	1985
Venezuela			*	1977	1981	2013	2019 (Guaidó govt)

How the Court is Made Up

The Court has seven judges. They must be people with high moral standards and strong knowledge of human rights law. Judges are chosen for six-year terms by the OAS General Assembly. They can be re-elected for another six years.

Judges are expected to act as individuals, not for their home country. They must be citizens of an OAS member state. However, they don't have to be from a country that has fully accepted the Court's power. If a case involves a judge's home country, that judge cannot be part of the decision.

To become a judge, a person must be a lawyer and have the "highest moral authority." This means they have never been convicted of a crime or removed from a public job. Countries that are part of the Convention nominate candidates. Each country can suggest up to three people. The judges are then chosen by a secret vote.

The first judges were elected on May 22, 1979. The Court first met on June 29, 1979, in Washington, D.C., USA.

Current Judges

Name	State	Position	Term
Ricardo Pérez Manrique	Uruguay	President	2016–2021
Humberto Antonio Sierra Porto	Colombia	Vice President	2013–2024
Eduardo Ferrer Mac-Gregor Poisot	Mexico	Judge	2013–2024
Nancy Hernández López	Costa Rica	Judge	2016–2021
Verónica Gómez	Argentina	Judge	2016–2021
Patricia Pérez Goldberg	Chile	Judge	2016–2021
Rodrigo Mudrovitsch	Brazil	Judge	2016–2021

Important Cases Heard by the Court

The Court has heard many important cases about human rights. Here are some examples:

See also

• European Court of Human Rights, a similar court in Europe
• African Court on Human and Peoples' Rights, a similar court in Africa
• International Criminal Court