9
also parties to analogous treaties adopted in the context of the United Nations (hereinafter
also “the Universal human rights system”); particularly the International Covenant on Civil
and Political Rights, which entered into force in March 1976, and which to date has been
ratified by 30 States of the Americas 17 , and the Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment, which came into force in June
1987, and to which 23 States of this region are party. 18 The same can be said in relation to
other treaties adopted in the context of United Nations and which also contain provisions
directly applicable to the prison population, such as the Convention on the Rights of the
Child, which is fundamental for the protection of this sector of the prison population, and
which has been ratified by all the States of the region except the United States of America.
30.
The IACHR reaffirms that international human rights law demands that
the State guarantee the rights of the persons under their custody. 19 Accordingly, one of the
most important predicates of the international responsibility of States in relation to human
rights is to care for the life and physical and psychological integrity of persons deprived of
liberty. 20
31.
In addition, all the constitutions of the OAS member States contain
provisions that directly or indirectly apply to essential aspects of the deprivation of liberty.
In this regard, the absolute majority of constitutions of the region contain general
provisions aimed at protecting the rights to life and humane treatment of their inhabitants,
and some of them make specific reference to the respect for this right of persons who are
confined or in custody. 21 In addition, several of these constitutions expressly establish that
penalties entailing deprivation of liberty, or the prison systems, shall be geared to or have
as their aim the reeducation and/or social reinsertion of convicts. 22
17
These are: Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica,
Dominica, Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico,
Nicaragua, Panama, Paraguay, Peru, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago, United
States of America, Uruguay, and Venezuela.
18
These are: Antigua and Barbuda, Argentina, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa
Rica, Cuba, Ecuador, El Salvador, Guatemala, Guyana, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, St.
Vincent and the Grenadines, Uruguay, and Venezuela.
19
IACHR, Democracy and Human Rights in Venezuela, OEA/Ser.L/V/II. Doc. 54, adopted on December
30, 2009, (hereinafter “Democracy and Human Rights in Venezuela”), Ch. VI, para. 814.
20
IACHR, Report No. 60/99, Case of 11,516, Merits, Ovelário Tames, Brazil, April 13, 1999, para. 39.
21
See, e.g., Constitution of the Argentina Nation, Art. 18; Constitution of the Plurinational State of
Bolivia, Art. 73; Constitution of the Federative Republic of Brazil, Title II, Ch. I, Art. 5.XLIX; Constitution of the
Republic of Cuba, Art. 58; Constitution of the Republic of Guatemala, Art. 19(a); Constitution of the Republic of
Haiti, Art. 25; Constitution of the Republic of Honduras, Art. 68; Constitution of the Republic of Panama, Art. 28;
Constitution of the Oriental Republic of Uruguay, Art. 26; and Constitution of the Bolivarian Republic of Venezuela,
Art. 46.
22
See, e.g., Constitution of the Plurinational State of Bolivia, Art. 74; Constitution of the Republic of
Ecuador, Art. 201; Constitution of the Republic of El Salvador, Art. 27(3); Constitution of the Republic of
Guatemala, Art. 19; Constitution of the United Mexican States, Art. 18; Constitution of the Republic of Nicaragua,
Art. 39; Constitution of the Republic of Panama, Art. 28; Constitution of Peru, Art. 139(22); Constitution of the
Oriental Republic of Uruguay, Art. 26; and Constitution of the Bolivarian Republic of Venezuela, Art. 272.
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