The States Parties shall transmit to the Commission a copy of each of the reports and
studies that they submit annually to the Executive Committees of the Inter-American
Economic and Social Council and the Inter-American Council for Education, Science, and
Culture, in their respective fields, so that the Commission may watch over the promotion
of the rights implicit in the economic, social, educational, scientific, and cultural
standards set forth in the Charter of the Organization of American States as amended by
the Protocol of Buenos Aires.
The States Parties undertake to provide the Commission with such information as it may
request of them as to the manner in which their domestic law ensures the effective
application of any provisions of this Convention.
Section 3. Competence
Any person or group of persons, or any nongovernmental entity legally recognized in one
or more member states of the Organization, may lodge petitions with the Commission
containing denunciations or complaints of violation of this Convention by a State Party.
1.Any State Party may, when it deposits its instrument of ratification of or adherence
to this Convention, or at any later time, declare that it recognizes the competence of the
Commission to receive and examine communications in which a State Party alleges that
another State Party has committed a violation of a human right set forth in this
2.Communications presented by virtue of this article may be admitted and examined only
if they are presented by a State Party that has made a declaration recognizing the
aforementioned competence of the Commission. The Commission shall not admit any
communication against a State Party that has not made such a declaration.
3.A declaration concerning recognition of competence may be made to be valid for an
indefinite time, for a specified period, or for a specific case.
4.Declarations shall be deposited with the General Secretariat of the Organization of
American States, which shall transmit copies thereof to the member states of that
1.Admission by the Commission of a petition or communication lodged in accordance with
Articles 44 or 45 shall be subject to the following requirements:
1.that the remedies under domestic law have been pursued and exhausted in accordance
with generally recognized principles of international law;
2.that the petition or communication is lodged within a period of six months from the
date on which the party alleging violation of his rights was notified of the final
3.that the subject of the petition or communication is not pending in another
international proceeding for settlement; and
4.that, in the case of Article 44, the petition contains the name, nationality,
profession, domicile, and signature of the person or persons or of the legal
representative of the entity lodging the petition.
2.The provisions of paragraphs 1.a and 1.b of this article shall not be applicable
1.the domestic legislation of the state concerned does not afford due process of law
for the protection of the right or rights that have allegedly been violated;
2.the party alleging violation of his rights has been denied access to the remedies
under domestic law or has been prevented from exhausting them; or
3.there has been unwarranted delay in rendering a final judgment under the
The Commission shall consider inadmissible any petition or communication submitted
under Articles 44 or 45 if:
1.any of the requirements indicated in Article 46 has not been met;
2.the petition or communication does not state facts that tend to establish a violation
of the rights guaranteed by this Convention;
3.the statements of the petitioner or of the state indicate that the petition or
communication is manifestly groundless or obviously out of order; or
4.the petition or communication is substantially the same as one previously studied by
the Commission or by another international organization.
Section 4. Procedure
1.When the Commission receives a petition or communication alleging violation of any of
the rights protected by this Convention, it shall proceed as follows:
1.If it considers the petition or communication admissible, it shall request
information from the government of the state indicated as being responsible for the
alleged violations and shall furnish that government a transcript of the pertinent
portions of the petition or communication. This information shall be submitted within a
reasonable period to be determined by the Commission in accordance with the circumstances
of each case.
2.After the information has been received, or after the period established has elapsed
and the information has not been received, the Commission shall ascertain whether the
grounds for the petition or communication still exist. If they do not, the Commission
shall order the record to be closed.
3.The Commission may also declare the petition or communication inadmissible or out of
order on the basis of information or evidence subsequently received.
4.If the record has not been closed, the Commission shall, with the knowledge of the
parties, examine the matter set forth in the petition or communication in order to verify
the facts. If necessary and advisable, the Commission shall carry out an investigation,
for the effective conduct of which it shall request, and the states concerned shall
furnish to it, all necessary facilities.
5.The Commission may request the states concerned to furnish any pertinent information
and, if so requested, shall hear oral statements or receive written statements from the
6.The Commission shall place itself at the disposal of the parties concerned with a
view to reaching a friendly settlement of the matter on the basis of respect for the human
rights recognized in this Convention.
2.However, in serious and urgent cases, only the presentation of a petition or
communication that fulfills all the formal requirements of admissibility shall be
necessary in order for the Commission to conduct an investigation with the prior consent
of the state in whose territory a violation has allegedly been committed.
If a friendly settlement has been reached in accordance with paragraph 1.f of Article
48, the Commission shall draw up a report, which shall be transmitted to the petitioner
and to the States Parties to this Convention, and shall then be communicated to the
Secretary General of the Organization of American States for publication. This report
shall contain a brief statement of the facts and of the solution reached. If any party in
the case so requests, the fullest possible information shall be provided to it.
1.If a settlement is not reached, the Commission shall, within the time limit
established by its Statute, draw up a report setting forth the facts and stating its
conclusions. If the report, in whole or in part, does not represent the unanimous
agreement of the members of the Commission, any member may attach to it a separate
opinion. The written and oral statements made by the parties in accordance with paragraph
1.e of Article 48 shall also be attached to the report.
2.The report shall be transmitted to the states concerned, which shall not be at
liberty to publish it.
3.In transmitting the report, the Commission may make such proposals and
recommendations as it sees fit.
1.If, within a period of three months from the date of the transmittal of the report of
the Commission to the states concerned, the matter has not either been settled or
submitted by the Commission or by the state concerned to the Court and its jurisdiction
accepted, the Commission may, by the vote of an absolute majority of its members, set
forth its opinion and conclusions concerning the question submitted for its consideration.
2.Where appropriate, the Commission shall make pertinent recommendations and shall
prescribe a period within which the state is to take the measures that are incumbent upon
it to remedy the situation examined.
3.When the prescribed period has expired, the Commission shall decide by the vote of an
absolute majority of its members whether the state has taken adequate measures and whether
to publish its report.