STUDY ON THE ACCESS OF PERSONS TO THE INTER-AMERICAN COURT OF HUMAN RIGHTS
(Adopted at the fourth plenary session held on June 4,
2002)
HAVING
SEEN:
The report “Basis for a Draft Protocol to the American Convention
on Human Rights to Strengthen its Mechanism for Protection - Volume II,”
submitted by the Inter-American Court of Human Rights in May 2002;
The Declaration and the Plan of Action of the Third Summit of the
Americas, held in Quebec City, Canada, in April 2001;
The proposal by the Government of Costa Rica entitled “Draft
Optional Protocol to the American Convention on Human Rights”
(AG/CP/doc.629/01); and
The revised Rules of Procedure of the Inter-American Commission on
Human Rights and the Inter-American Court of Human Rights regarding the
access of persons to the inter-American human rights system;
CONSIDERING that the Heads of State and Government, in the Plan of
Action of the Third Summit of the Americas, agreed to continue promoting
concrete measures for strengthening and improving the inter-American human
rights system, especially the functioning of the Inter-American Court of
Human Rights and the Inter-American Commission on Human Rights,
recommending, among other things, that the access of persons to the
inter-American system for the protection of human rights be
facilitated;
BEARING IN MIND that an intrinsic characteristic of international
human rights law is that the person is the subject of international law;
and
CONSIDERING that the dialogue on the strengthening of the
inter-American human rights system made considerable progress in identifying
areas that require further study, for the purpose of developing a solid and
effective human rights system, the ultimate objective of which is to protect
persons and safeguard their fundamental rights,
RESOLVES:
1.
To instruct the Permanent Council to continue the consideration of
the issue of the access of victims to the Inter-American Court of Human
Rights (ius standi) and its
application in practice, taking into account the report of the Court, the
proposal presented by the Government of Costa Rica, as well as the revised
Rules of Procedure of the Inter-American Commission on Human Rights and the
Inter-American Court of Human Rights.
2.
To request the Permanent Council to invite the Inter-American Court
of Human Rights, the Inter-American Commission on Human Rights, and civil
society to participate in the consideration of this topic during the second
half of 2002, with a view to submitting a report to the General Assembly at
its thirty-third regular session.
3.
To request the Permanent Council to report to the General Assembly at
its thirty-third regular session on the implementation of this resolution.
