Introduction
Article 1 of the 1948 American Declaration of the Rights and Duties of Man
reads simply:
“Every human being has the right to life, liberty and the security of his person.”
The Inter-american Regional System
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This right was given detail in a series of binding norms within the Inter-American system, most importantly those included in the Inter-American Convention to Prevent and Punish Torture (IACPPT), which entered into force in
1987.
The controlling organs of the Inter-American system, the Inter-American
Commission on Human Rights, of quasi-judicial nature,439 and the InterAmerican Court of Human Rights, of judicial nature, have developed an
abundant jurisprudence dealing with the protection of the right to personal
integrity through reports, opinions and judgements,440 determining the prohibited conduct, as well as the extent of the State obligations of prevention and
diligence.
The aim of this chapter is to identify the principles and standards that have
been developed in the jurisprudence of the Inter-American Commission and
Court of Human Rights, and thus define the extent and limits of State responsibility under the Inter-American system for conduct that constitutes torture
or cruel, inhuman or degrading treatment.
3.1 Definitions
The American Convention on Human Rights (ACHR) gave detail to the rights
included in the American Declaration of the Rights and Duties of Man, and
established mechanisms for the supervision of the rights contained in the
Convention. Article 5 of the ACHR provides, inter alia:
“1. Every person has the right to have his physical, mental, and moral integrity
respected.
With respect to the quasi-judicial attributes of the Inter-American Commission on Human
Rights, see Articles 44 to 51 of the American Convention on Human Rights and the Rules
of Procedure of the Inter-American Commission on Human Rights, modifications to which
were approved during the 126th regular session, held from 16–27 October 2006. Both documents are available on the Commission’s website at www.cidh.oas.org.
440
With respect to the judicial character of the Inter-American Court of Human Rights, see Articles 61 to 69. The reach of Advisory Opinions is governed by Article 64 of the American Convention on Human Rights.
439
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