amerykańska konwencja o prawach człowieka.pdf

(111 KB) Pobierz
Microsoft Word - e163.doc
1
American Convention on Human Rights
Entered into force on 18 July 78
Preamble
The American states signatory to the present Convention,
Reaffirming their intention to consolidate in this hemisphere, within the framework of democratic
institutions, a system of personal liberty and social justice based on respect for the essential rights of
man,
Recognizing that the essential rights of man are not derived from one's being a national of a certain
state, but are based upon attributes of the human personality, and that they therefore justify
international protection in the form of a convention reinforcing or complementing the protection provided
by the domestic law of the American states,
Considering that these principles have been set forth in the Charter of the Organization of American
States, in the American Declaration of the Rights and Duties of Man, and in the Universal Declaration of
Human Rights, and that they have been reaffirmed and refined in other international instruments,
worldwide as well as regional in scope,
Reiterating that, in accordance with the Universal Declaration of Human Rights, the ideal of free men
enjoying freedom from fear and want can be achieved only if conditions are created whereby everyone
may enjoy his economic, social, and cultural rights. as well as his civil and political rights, and
Considering that the Third Special Inter-American Conference (Buenos Aires, 1967) approved the
incorporation into the Charter of the Organization itself of broader standards with respect to economic,
social, and educational rights and resolved that an inter-American convention on human rights should
determine the structure, competence, and procedure of the organs responsible for these matters,
Have agreed upon the following:
Part I.
State obligations and rights protected
Chapter I.
General obligations
Article 1.
Obligation to respect rights.
1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein
and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and
Viadrina International Law Project
http://www.vilp.de
Ein Projekt des Lehrstuhls für Öffentliches Recht insb. Völkerrecht, Europarecht sowie ausländisches Verfassungsrecht.
Europa-Universität Viadrina, Frankfurt (Oder), 2002
http://voelkerrecht.euv-frankfurt-o.de
2
freedoms, without any discrimination for reasons of race. colour, sex, language, religion, political or
other opinion, national or social origin, economic status, birth, or any other social condition.
2. For the purposes of this Convention, "person" means every human being .
Article 2.
Domestic legal effects.
Where the exercise of any of the rights or freedoms referred to in Article I is not already ensured by
legislative or other provisions, the States Parties undertake to adopt, in accordance with their
constitutional processes and the provisions of this Convention, such legislative or other measures as
may be necessary to give effect to those rights or freedoms.
Chapter II.
Civil and political rights
Article 3.
Right to juridical personality.
Every person has the right to recognition as a person before the law.
Article 4.
Right to life.
1. Every person has the right to have his life respected. This right shall be protected by law and, in
general, from the moment of conception. No one shall be arbitrarily deprived of his life.
2. In countries that have not abolished the death penalty, it may be imposed only for the most serious
crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law
establishing such punishment, enacted prior to the commission of the crime. The application of such
punishment shall not be extended to crimes to which it does not presently apply.
3. The death penalty shall not be re-established in states that have abolished it.
4. In no case shall capital punishment be inflicted for political offences or related common crimes.
5. Capital punishment shall not be imposed upon persons who, at the time the crime was committed,
were under 18 years of age or over 70 years of age; nor shall it be applied to pregnant women.
6. Every person condemned to death shall have the right to apply for amnesty, pardon, or commutation
of sentence, which may be granted in all cases. Capital punishment shall not be imposed while such a
petition is pending decision by the competent authority.
Viadrina International Law Project
http://www.vilp.de
Ein Projekt des Lehrstuhls für Öffentliches Recht insb. Völkerrecht, Europarecht sowie ausländisches Verfassungsrecht.
Europa-Universität Viadrina, Frankfurt (Oder), 2002
http://voelkerrecht.euv-frankfurt-o.de
3
Article 5.
Right to humane treatment.
1. Every person has the right have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All
persons deprived of their liberty shall be treated with respect for the inherent dignity of the human
person.
3. Punishment shall not be extended to any person other than the criminal.
4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons,
and shall be subject to separate treatment appropriate to their status as unconvinced persons.
5. Minors while subject to criminal proceedings shall be separated from adults and brought before
specialized tribunals, as speedily as possible, so that they may be treated in accordance with their
status as minors.
6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform and social
readaptation of the prisoners.
Article 6.
Freedom from slavery.
1. No one shall be subject to slavery or to involuntary servitude, which are prohibited in all their forms,
as are the slave trade and traffic in women.
2. No one shall be required to perform forced or compulsory labour. This provision shall not be
interpreted to mean that, in those countries in which the penalty established for certain crimes is
deprivation of liberty at forced labour, the carrying out of such a sentence imposed by a competent court
is prohibited. Forced labour shall not adversely affect the dignity or the physical or intellectual capacity
of the prisoner.
3. For the purposes of this article, the following do not constitute forced or compulsory labour:
a. Work or service normally required of a person imprisoned in execution of a sentence or formal
decision passed by the competent judicial authority; such work or service shall be carried out under the
supervision and control of public authorities, and any persons performing such work or service shall not
be placed at the disposal of any private party, company, or juridical person;
b. Military service and, in countries in which conscientious objectors are recognized, national service
that the law may provide for in lieu of military service;
c. Service exacted in time of danger or calamity that threatens the existence or the well-being of the
community; or
d. Work or service that forms part of normal civic obligations.
Viadrina International Law Project
http://www.vilp.de
Ein Projekt des Lehrstuhls für Öffentliches Recht insb. Völkerrecht, Europarecht sowie ausländisches Verfassungsrecht.
Europa-Universität Viadrina, Frankfurt (Oder), 2002
http://voelkerrecht.euv-frankfurt-o.de
4
Article 7.
Right to personal liberty.
1. Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under the conditions
established beforehand by the constitution of the State Party concerned or by a law established
pursuant thereto.
3. No one shall be subject to arbitrary arrest or imprisonment.
4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly
notified of the charge or charges against him.
5. Any person detained shall be brought promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to be released without
prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his
appearance for trial.
6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that
the court may decide without delay on the lawfulness of his arrest or detention and order his release if
the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes
himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in
order that it may decide on the lawfulness of such threat, this remedy may not be restricted or
abolished. The interested party or another person in his behalf is entitled to seek these remedies.
7. No one shall be detained for debt. This principle shall not limit the orders of a competent judicial
authority issued for nonfulfillment of duties of support.
Article 8.
Right to a fair trial.
1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a
competent, independent, and impartial tribunal, previously established by law, in the substantiation of
any accusation of a criminal nature made against him or for the determination of his rights and
obligations of a civil, labour, fiscal, or any other nature.
2. Every person accused of a criminal offence has the right to be presumed innocent so long as his guilt
has not been proven according to law. During the proceedings, every person is entitled, with full
equality, to the following minimum guarantees:
a. The right of the accused to be assisted without charge by a translator or interpreter, if he does not
understand or does not speak the language of the tribunal or court;
b. Prior notification in detail to the accused of the charges against him;
c. Adequate time and means for the preparation of his defence;
Viadrina International Law Project
http://www.vilp.de
Ein Projekt des Lehrstuhls für Öffentliches Recht insb. Völkerrecht, Europarecht sowie ausländisches Verfassungsrecht.
Europa-Universität Viadrina, Frankfurt (Oder), 2002
http://voelkerrecht.euv-frankfurt-o.de
5
d. The right of the accused to defend himself personally or to be assisted by legal counsel of his own
choosing. and to communicate freely and privately with his counsel;
e. The inalienable right to be assisted by counsel provided by the State, paid or not as the domestic law
provides, if the accused does not defend himself personally or engage his own counsel within the time
period established by law;
f. The right of the defence to examine witnesses present in the court and to obtain the appearance, as
witnesses, of experts or other persons who may throw light on the facts;
g. The right not to be compelled to be a witness against himself or to plead guilty; and
h. The right to appeal the judgment to a higher court.
3. A confession of guilt by the accused shall be valid only if it is made without coercion of any kind.
4. An accused person acquitted by a non-appealable judgment shall not be subjected to a new trial for
the same cause.
5. Criminal proceedings shall be public, except insofar as may be necessary to protect the interests of
justice.
Article 9.
Freedom from "ex post facto" laws.
No one shall be convicted of any act or omission that did not constitute a criminal offense, under the
applicable law, at the time it was committed. A heavier penalty shall not be imposed than the one that
was applicable at the time the criminal offense was committed. If subsequent to the commission of the
offense the law provides for the imposition of a lighter punishment, the guilty person shall benefit
therefrom.
Article 10.
Right to compensation.
Every person has the right to be compensated in accordance with the law in the event he has been
sentenced by a final judgment through a miscarriage of justice.
Article 11.
Right to privacy.
1. Everyone has the right to have his honour respected and his dignity recognized.
2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home,
or his correspondence, or of unlawful attacks on his honour or reputation.
3. Everyone has the right to the protection of the law against such interference or attacks.
Viadrina International Law Project
http://www.vilp.de
Ein Projekt des Lehrstuhls für Öffentliches Recht insb. Völkerrecht, Europarecht sowie ausländisches Verfassungsrecht.
Europa-Universität Viadrina, Frankfurt (Oder), 2002
http://voelkerrecht.euv-frankfurt-o.de

Plik z chomika:

Inne pliki z tego folderu:

Inne foldery tego chomika:

Zgłoś jeśli naruszono regulamin