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PROMOTING AND PROTECTING MINORITY RIGHTS
Area of Economic, Social and Cultural Rights, and 13 to the Protocol to Abolish the Death
Penalty.
The two OAS bodies most directly concerned with human rights are the Inter-American Commission
on Human Rights and the Inter-American Court of Human Rights, both of which are discussed
below.
The substantive rights protected
The American Declaration of the Rights and Duties of Man applies to all OAS member States,
while the 1969 American Convention on Human Rights is binding only on those States which
have ratified it. The Declaration addresses a broad range of human rights, while the Convention
is concerned primarily with civil and political rights (the 1988 Additional Protocol expanded its
coverage to economic, social and cultural rights). It is important to bear in mind that minorities
are entitled to all of the rights set forth in these documents, but among the rights of greatest
interest to minorities are the following.
Article 2 of the Declaration guarantees equality before the law “without distinction as to race,
sex, language, creed or any other factor”. Article 1 of the Convention obliges States to respect
Convention rights without discrimination based on “race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth, or any other social
condition”. Article 24 of the Convention provides broadly for equal protection of the law “without
discrimination”.
Article 3 of the Declaration guarantees freedom of religion. Article 12 of the Convention
additionally provides that parents have the right to provide for the religious and moral education
of their children in accord with their own convictions.
Article 4 of the Declaration guarantees freedom of expression. Article 13 of the Convention also
prohibits any advocacy of national, racial or religious hatred that constitutes an incitement to
lawless violence.
Article 5 of the Declaration guarantees that the law will protect everyone from attacks on their
honour, reputation, and private and family life. Articles 11 and 14 of the Convention provide
similar protections.
Article 8 of the Declaration protects freedom of movement and the right to choose one’s residence.
Article 22 of the Convention provides similar protection.
Article 12 of the Declaration sets forth the right to an education, including free primary education.
There is no comparable right in the Convention itself, but the Protocol of San Salvador includes
the right to education and specifies that education should foster “understanding, tolerance and
friendship among all nations and all racial, ethnic or religious groups” (art. 13 (2)). The Protocol
also affirms the right of parents to select the type of education to be given to their children and
the right of everyone to establish educational institutions in accordance with domestic law.
Article 13 of the Declaration proclaims the right of everyone to take part in the cultural life of the
community and to the protection of intellectual property. A similar provision is included in article
14 of the Protocol of San Salvador.
Article 18 of the Declaration guarantees the right to a fair trial. Article 8 of the Convention
provides the same guarantee and specifies that an accused has the right to a translator or
interpreter if necessary.
Paraguay, Peru, Suriname, Uruguay and Venezuela (Bolivarian Republic of). Trinidad and Tobago was a State
party but denounced the Convention in 1998.