Organization of American States
Updated February 8, 2013
The Organization of American States (OAS) was created in 1948 with the signing of the Charter of the OAS in Bogota, Colombia. This regional body, which currently has 35 members including the United States and Canada,[1] was created to increase cooperation among the member states and work toward common goals in the areas of democracy, human rights, security, and development.[2] To further its objectives in the field of human rights, the OAS established the Inter-American Commission on Human Rights (IACHR) in 1959.[3] Operating under the principles found in the American Declaration on the Rights and Duties of Man[4] and the American Convention on Human Rights,[5] the IACHR hears individual petitions on human rights violations and conducts on-site country visits to investigate human rights situations.[6] The IACHR’s activities are summarized in annual reports.[7] The American Convention on Human Rights also established the Inter-American Court of Human Rights (IACtHR), which is based in Costa Rica.[8] The IACtHR hears human rights complaints brought against member states and also issues advisory opinions for legal interpretation questions presented by member states.[9] A list of jurisprudence by country is available on the Court’s website.[10]
In 1994, the OAS adopted the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women, also known as the Convention of Belem do Para.[11] This was the first treaty in history to specifically cover the issue of violence against women.[12] The Convention, which is legally binding on member states, outlines the right of every woman to be free from every form of violence, including physical, sexual and psychological violence perpetrated by family members or intimate partners, members of the community, or the state.[13] This broad protection is reinforced by a detailed list of State responsibilities and action points with respect to violence action women, including requirements on adopting legislation, establishing legal procedure, promoting awareness and rights education, and modifying social patterns to eliminate discrimination against women.[14] As of 2012, the Convention has been ratified by 32 of the 35 OAS member states (only Canada, the United States, and Cuba have not ratified).[15] Implementation of the Convention has been monitored in several follow-up reports, including the Second Hemispheric Report on the Implementation of the Belem do Para Convention in 2012.[16]
Applying the American Declaration on the Rights and Duties of Man, the American Convention on Human Rights, and the Convention of Belem do Para, the IACHR has issued several decisions relating to domestic violence. In 2001, the IACHR held in the case of Maria da Penha Maia Fernandesthat Brazil had failed to act with due diligence to prevent, punish, and eradicate domestic violence, as the perpetrator had not been convicted or punished over the course of 17 years.[17] The report in that case found that this violation was part of a general pattern of state tolerance and judicial inefficiency in cases of domestic violence.[18] The IACHR also issued a decision in the case of Jessica Lenahan (Gonzales) v. USA, the first case against the U.S. to be brought to an international tribunal by a survivor of domestic violence.[19] Lenahan involved a failure by local police to enforce a restraining order that resulted in the death of the petitioner’s three daughters. The IACHR held the U.S. failed to meet its duty to protect Jessica Lenahan and her daughters from domestic violence in violation of American Declaration Article 1 (right to life) and Article 2 (right to equality before the law).[20]
The IACHR has also issued thematic reports on the topic of violence against women, including “Access to Justice for Women Victims of Violence in the Americas”[21] and “The Situation of the Rights of Women in Ciudad Juarez, Mexico,” which highlights domestic violence as a social problem that “exacts a terrible cost for the victims, their families and society as a whole, and has intergenerational effects.”[22] These reports and decisions, as well as the OAS conventions, are frequently used by national courts in member states to underscore the need for protection from domestic violence.[23]
[1] “Member States,” Organization of American States, http://www.oas.org/en/member_states/default.asp.
[2] “Who We Are,” Organization of American States, http://www.oas.org/en/about/who_we_are.asp.
[3] “Inter-American Commission on Human Rights,” Organization of American States, http://www.oas.org/en/iachr/mandate/what.asp.
[4] American Declaration of the Rights and Duties of Man, Ninth International Conference of American States, OAS Resolution XXX (1948), http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm.
[5] American Convention on Human Rights, O.A.S. T.S. No. 36; 1144 U.N.T.S. 143, 22 Nov. 1969, http://www.cidh.oas.org/Basicos/English/Basic3.American%20Convention.htm.
[6] Ibid.
[7] “Annual Reports,” Inter-American Commission on Human Rights, http://www.cidh.oas.org/annual.eng.htm.
[8] “Informacion historia,” Inter-American Court of Human Rights, http://www.corteidh.or.cr/historia.cfm (available in Spanish only).
[9] Ibid.
[10] “Jurisprudence by country,” Inter-American Court of Human Rights, http://www.corteidh.or.cr/porpais.cfm.
[11] Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belem do Para), Organization of American States, 9 June 1994, http://www.oas.org/juridico/english/treaties/a-61.html [hereinafter “Convention of Belem do Para”].
[12] “Technical Note: Violence Against Women in Latin America,” Organization of American States, 2010, http://www.oas.org/en/mesecvi/docs/TechnicalNote-VAWinLAC-EN.pdf.
[13] Convention of Belem do Para, supra note 11, at Art. 2, 3.
[14] Ibid., at Art. 7, 8.
[15] “Signatories and Ratifications,” Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belem do Para), http://www.oas.org/juridico/english/sigs/a-61.html.
[16] “Second Hemispheric Report on the Implementation of the Belem do Para Convention,” Organization of American States, April 2012, http://www.oas.org/en/cim/docs/MESECVI-SegundoInformeHemisferico-EN.pdf.
[17] Maria da Penha v. Brazil, Inter-American Commission on Human Rights, Case 12.051, Report No. 54/01, 16 Apr. 2001, http://www1.umn.edu/humanrts/cases/54-01.html.
[18] Ibid., at ¶55.
[19] “Jessica Gonzales v. U.S.A,” American Civil Liberties Union, 24 Oct. 2011, http://www.aclu.org/human-rights-womens-rights/jessica-gonzales-v-usa.
[20] Jessica Lenahan (Gonzales) et al v. United States, Inter-American Commission on Human Rights, Case 12.626, Report No. 80/11, 21 July 2011, www.oas.org/en/iachr/decisions/2011/uspu12626en.doc. The Inter-American case was preceded by the U.S. Supreme Court decision Castle Rock v. Gonzales (545 U.S. 748 (2005)), in which the Supreme Court held that the police did not owe the petitioner an affirmative duty to enforce the restraining order they had issued.
[21] “Access to Justice for Women Victims of Violence in the Americas,” Inter-American Commission on Human Rights, OEA/Ser.L/V/II, Doc. 68, 20 Jan. 2007, http://www.cidh.org/women/Access07/Report%20Access%20to%20Justice%20Report%20English%20020507.pdf.
[22] “The Situation of the Rights of Women in Ciudad Juarez, Mexico: The Right to be Free from Violence and Discrimination,” Inter-American Commission on Human Rights, ¶168, OEA/Ser.L/V/II.117, Doc. 44, 7 Mar. 2003, http://www.cidh.oas.org/annualrep/2002eng/chap.vi.juarez.3.htm.
[23] “Legal Standards Related to Gender Equality and Women’s Rights in the Inter-American Human Rights System: Development and Application,” Inter-American Commission on Human Rights, 21, OEA/SerL/V/II.143, Doc. 60, 3 Nov. 2011, http://www.oas.org/en/iachr/women/docs/pdf/REGIONAL%20S