Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of cases
- Table of Articles of the American Convention on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Court on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Commission on Human Rights
- Table of other legal instruments and documents
- 1 Introduction
- PART I The advisory jurisdiction of the Inter-American Court
- PART II The contentious jurisdiction of the Inter-American Court of Human Rights
- PART III Provisional measures
- 6 Provisional measures:
- 7 Conclusion: the effectiveness of the Inter-American Court
- Appendix 1 American Convention on Human Rights
- Appendix 2 Rules of Procedure of the Inter-American Court of Human Rights
- Appendix 3 Statute of the Inter-American Court of Human Rights
- Appendix 4 Rules of Procedure of the Inter-American Commission on Human Rights
- Appendix 5 Form for presenting petitions on human rights violations
- Bibliography
- Index
6 - Provisional measures:
Published online by Cambridge University Press: 28 July 2009
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of cases
- Table of Articles of the American Convention on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Court on Human Rights
- Table of 2001 Rules of Procedure of the Inter-American Commission on Human Rights
- Table of other legal instruments and documents
- 1 Introduction
- PART I The advisory jurisdiction of the Inter-American Court
- PART II The contentious jurisdiction of the Inter-American Court of Human Rights
- PART III Provisional measures
- 6 Provisional measures:
- 7 Conclusion: the effectiveness of the Inter-American Court
- Appendix 1 American Convention on Human Rights
- Appendix 2 Rules of Procedure of the Inter-American Court of Human Rights
- Appendix 3 Statute of the Inter-American Court of Human Rights
- Appendix 4 Rules of Procedure of the Inter-American Commission on Human Rights
- Appendix 5 Form for presenting petitions on human rights violations
- Bibliography
- Index
Summary
[I]n international human rights law, the nature of provisional measures is not only preventative in the sense that they preserve a juridical situation, but fundamentally protective, because they protect human rights. Provided the basic requirements of extreme gravity and urgency and the prevention of irreparable damage to persons are met, provisional measures become a genuine jurisdictional guarantee of a preventive nature.
Introduction
The usual time-consuming approach of international proceedings is inadequate in urgent situations that may result in the death or torture of the victim. Under traditional human rights law, little could be done formally to provide immediate assistance to those who were in imminent danger. The Inter-American human rights system can, however, provide timely assistance to victims in special circumstances. The American Convention authorizes the Inter-American Commission in ‘cases of extreme gravity and urgency’ to circumvent its time-consuming intermediary procedures and to request immediately that the Inter-American Court adopt provisional measures. Also, when the case is before the Court, the Court at the request of a party or on its own motion may order the government involved to take or refrain from taking certain measures.
Although a State Party to the American Convention has an obligation, erga omnes, to protect all persons subject to its jurisdiction, the Court may use its authority to call upon the State to take special measures to protect persons who are in immediate danger.
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- Publisher: Cambridge University PressPrint publication year: 2003