IV Inter-American System
| Author | Diego Rodríguez-Pinzón |
| Published date | 01 June 2008 |
| Date | 01 June 2008 |
| DOI | http://doi.org/10.1177/016934410802600207 |
| Subject Matter | Part B: Human Rights News |
Netherlands Q uarterly of Human R ights, Vol. 26/2 (2008) 249
IV INTERAMERICAN SYSTEM
D R-P*
In this report I w ill refer to several cases decided by the Inter-American C ommission
on Huma n Rights (hereinaer ‘Inter-American Commission’ or ‘Commission’)
which have special signicance in the context of t he Inter-American System. First
of a ll, I will report on the inter-State case Nicaragua vs Costa Rica decided by the
Commission on 8 March 2007. is is the rst inter-State case led before the Inter-
American Commission under the Article 45 proceedings of the American Convention
on Human Rights. Eventually, the case was dismissed in the admissibility decision
reported below. e case, therefore, sets a precedent within the Inter-American System
regarding thi s type of litigation. e case a lso sheds light on how the regional system
may deal with simila r cases in the future. Fu rthermore, the ca se appears to si gnal a
changing perception by States. Previously, States avoided ling inter-State complaints
before t he Commission, possibly based on archaic conceptions of sovereignty that
have been prevalent in t he Americas. However, this may no longer be the cas e. States
may be shiing towards a new understanding of the role of these organs by which
the resolution of certa in disputes by international human r ights bodies is a valid a nd
legitimate legal a lternative that positions the specic ca se in a juridical environment,
relatively isolated from other bilatera l/political aspects.
Regarding the Ba hamas and Guyana cases below, this i s the rst ti me that the
Commission has rendered decisions on the merits against these States. Such decisions
were i ssued under the American De claration of the Rights a nd Duties of Ma n, as
those countries have not yet ratied the Amer ican Convention on Human Rights.
erefore, apart from their historic signicance , they also illustrate the interpretation
of certain provisions of the American De claration. Additionally, these deci sions also
underscore some human rights problems stil l persisting in those States; as well as
documenting t he need to conform certain domestic prac tices and laws to reect the
State’s international obligations.
e full text of t he decisions are available at: www.cidh.org/casos.eng.ht m.
* Diego Rodríg uez-Pinzón wants to t hank Leslie ompson for her re search support.
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