Problems of War and Peace, two important resolutions were adopted and set the stage
for the promotion and protection of human rights in the inter-American system. These
resolutions were free access to information and international protection of the essential
rights of man. The latter resolution was considered an effort to secure an international
system for the protection of the rights of man and urged the Inter-American Juridical
Committee to begin to draft a declaration that could be adopted by American states, the
American Declaration. It is considered the first international instrument of its type as it
preceded the United Nations’ Universal Declaration of Human Rights by a few months.
When the American Declaration was created, it was not meant to be legally binding to
the participating states. Rather it was considered an effort to integrate modern human
rights perspectives into the region without losing OAS members. The signatories agreed
to comply with principles that embodied the democratic ideals of the human rights
agenda. As human rights violations and repression of fundamental liberties grew in Latin
America, the OAS found that the moral obligation of the American Declaration was not
enough to protect human rights. Thus beginning in 1959, Foreign Ministers embarked
on drafting a binding convention on human rights with monitoring and implementation
instruments. After many years, the American Convention on Human Rights was adopted
and reinforced and expanded the scope of many of the principles described in the
American Declaration. The Convention entered into force July 19, 1978.
Key Provisions of the American Declaration on the Rights and Duties of Man
The American Declaration states that rights are a prerequisite for all and exalt individual
liberty, while duties express the dignity of that liberty. Thus, American states realize that
they are neither creating nor granting rights, but rather recognizing rights that exist in
the very nature of the human person.
Chapter one of the American Declaration outlines rights that are afforded to all humans.
They are as follows:
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Article I: Right to life, liberty and personal security.
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Article II: Right to equality before law.
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Article III: Right to religious freedom and worship.
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Article IV: Right to freedom of investigation, personal reputation, and private and
family life.
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Article V: Right to protection of honor, personal reputation, and private and family
life.
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Article VI: Right to a family and to protection thereof.
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Article VII: Right to protection for mothers and children.
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Article VIII: Right to residence and movement.
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Article IX: Right to inviolability of the home.
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Article X: Right to inviolability and transmission of correspondence.
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Article XI: Right to the preservation of health and to well-being.
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Article XII: Right to education.
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Article XIII: Right to the benefits of culture.
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Article XIV: Right to work and to fair remuneration.