Saturday, December 15, 2012

Stages reforms of Inter American System

Writer: Valentina Jaramillo


The Inter-American System of Human Rights (ISHR) passes through a critical time. For more than a year, several members of the Organization of American States (OAS), the Inter-American System seek to weaken, particularly American Commission on Human Rights (IACHR), through a process of reform of the system decided in 2013. The debate that is taking place at the OAS. All the countries has shared some thoughts about the challenges facing American System for the Promotion and Protection of Human Rights, and some proposals to make it more efficient, transparent and effective in the short-term paper.
Reforms:
  • A system with the necessary resources: The effective functioning of the inter-American system depends most of part on the economic resources with which this count. To ensure autonomy, independence and effectiveness of the protection system regional human rights and, therefore, to discuss any institutional reform and / or procedural aimed to strengthen it is essential first secure their autonomy and financial stability.
  • Importance of implementation of the decisions for the protection of the rights: The effective implementation of the decisions of the system is a key element to ensure its ultimate goal of protecting the rights of individuals. The case system plays a central role in responding to the needs of the region, both individually and allows the shelter to adopt general measures intended to prevent a recurrence of the events that led to the international responsibility of the State. 
  • An accessible, efficient, transparent and effective system: The strengthening process should be directed toward the search for a regional protection system that is accessible, without leaving out those most vulnerable. The System must also ensure that victims receive a timely response, allowing them to pass through a transparent and predictable process that culminates with effective solutions and to ensure full reparation of violated rights. 
  • A system to ensure the independence and autonomy: administrative, financial and membership bodies: Independence and autonomy are paramount credibility and effectiveness of the administration of justice and the institutions for protection and promotion of human rights. The state audit work performed by the Inter-American System requires full independence of States, the OAS political bodies and other stakeholders. 

On the other hand, many countries talks about the reforms, and they say that this reform would be an unfortunate chapter in American history. CEJIL proposed developed and disseminated concrete reforms to the regulations of the Commission and the Inter-taking as heading as the primary objective of the Inter American System is to ensure the protection of human dignity without distinction and bring justice to victims of specific human rights violations.
The proposals are:
  • The role of the organs in contentious cases
  • Establish time frames for processing case before the IACHR
  • On the file requests
  • On  measures precautionary
  • On the reparations granted by the Inter American System  with special attention to economic reparations ordered by the IACHR.[2]

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