The was concluded at San Jose, Costa Rica on 22 Nov 1969 and entered into force in July 1978, ratified by 25 member states. The United State signed the convention and President Jimmy Carter referred it to Senate for advice and consent to ratification.
The two additional protocols Economic, Cultural, Social rights and other Abolition of Death penalty have not as yet entered into force. The convention consists of dozens of civil and political rights. These are right to life, right to personal liberty, rights to free trial, right to human treatment, right to nationality, right to property, rights of children right to juridical personality, freedom from slavery, freedom of religion, freedom of speech, thoughts, expression, conscience, freedom of association, rights of family, freedom of movement and residence, freedom from ex post facto laws, rights to privacy, right to name, right to compensation for miscarriage of justice, right of reply, right of assembly, right to participate in government, right to equal protection of law, right to judicial protection.
The state parties take progressive social, economic, educational measures for full realization of rights and supplemented by board non-discrimination clauses.
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The Convention provides for the establishment of Inter-American Commission of Human Rights and Inter Court of human Rights and confers with competence respect to matter blasting to fulfillment of the commitment made by state parties.
Implementation of procedure of American convention on Human rights by commission appointed and elected by all OAS members. Article I of convention states. “The state parties to the convention have an obligation not only to respect the ensure their three and full exercise. They have both positive and negative duties that are they have the obligation not to violate the rights which the convention guarantees and are required to adopt the measures may be necessary and reasonable circumstances to ensure full enjoyment.
The extensive interpretation of obligation under Article 1 of convention. Article 27 of Convention allows state parties to derogate from their obligations in time of war, danger, emergency, security. The American Convention declares that judicial remedies essential for protection of non-derivable rights may not suspended.
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Article 28 of convention deal with federal clause which enable federal state to assume more limited obligations by binding itself only in relation to matter over which it exercise legislative and judicial jurisdiction. The function of commission is spelled out in the Article 41 of convention.
The Inter-American Commission on Human rights and Inter- American Court of human rights are main organs of Convention.