Article 45
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 Convention.
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 Organization.
Article 46
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:
a. that the remedies under domestic law have been pursued and exhausted in accordance with generally
recognized principles of international law;
b. 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 judgment;
c. that the subject of the petition or communication is not pending in another international proceeding for
settlement; and
d. 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 when:
a. 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;
b. 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
c. there has been unwarranted delay in rendering a final judgment under the aforementioned remedies.
Article 47