144 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.

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