III Inter-American System

AuthorDiego Rodríguez-Pinzón
DOI10.1177/016934411002800106
Published date01 March 2010
Date01 March 2010
Subject MatterPart B: Human Rights News
Netherlands Q uarterly of Human R ights, Vol. 28/1 (2010) 91
III INTERAMERICAN SYSTEM
D R-P*
In this report , I will refer to rece nt developments in the structure and regu lations
of the Inter-American Commission on Human Rights (hereinae r ‘Commission’ or
‘Inter-American Commission’) of the Organization of America n States (OAS), as well
as summarisi ng several cases decided in 2009.
In 2010, three new commissioners wil l join the Inter-American Commission. e
new members a re Rodrigo Escobar Gil (Colombia), José de Jesús Orozco Henríquez
(Mexico) and Dinah Shelton (USA). ey will replace outgoing commissioners Victor
Abramovich (Argentina), Paolo Carozza (USA), and Sir Claire K. Roberts (Antigua
and Barbuda). Additionally, commissioner Florentín Meléndez resigned as a member
of t he Commission due to his recent designation as a Supreme Court justice in El
Salvador. Maria Silvia Guillén, who was elected on 3 December 2009 by the Permanent
Council of the OAS, wil l take his position eective as of 1 Januar y 2010.
On 9 Dec ember 2009, the Commission published its new Rules of Procedure,
based on reforms approved dur ing the 137th Period of Sessions that took place i n fall
2009. e new Ru les of Procedure entered into force on 31 December 2009. e new
Rules better articulate the role of the Inter-American Commission in contentious
proceedings before the Inter-American C ourt of Human Rights.
Four cases are reported below. e rst two cases illustrate some of the per vasive
human rights violations still existing in Brazil. ese endemic violations involve issues
such as ocial violence, racial proli ng, and violence by illegal armed groups, among
other unlawful practices. e th ird case refers to the rights of HIV/AIDS pat ients
under the American C onvention. is is the rst t ime that the Commission has dealt
with issues related to the rights of HIV positive persons. e last case deals with
pension rights under several provisions of the American Convention by exploring the
scope of t he rights to propert y (Article 21) and economic, soci al, and cultur al rights
(Article 26).
e full text of the new Rules of Procedure and the full decisions of the Commission
are available at: ww w.cidh.org/casos.eng.htm.
* Professorial Lecturer in Resid ence of American Univer sity Washington Coll ege of Law (WCL) and
Co-Director of the Academy on Human Right s and Humanita rian Law at WCL. He is als o ad hoc
Judge of the I nter-American Cour t of Human R ights. He wants to thank Ch ristie Edwards for her
research suppor t.

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