The history of toture jurisprudence in the inter-American regional human rights system: 1948-2005

Abstract

The right to freedom from torture, though it is one of the few non-derogable
rights, continue to be violated in different parts of the world. This has
necessitated various measures to be put in place to ensure that this right is
protected and promoted. Measures have been put in place, not only at the
international level, but also in the three regional human rights systems: the
Inter-America, the European and the African. This article looks at the history
of the measures that have been put in place to protect the right to freedom
from torture in the Inter-American System of human rights for the last 57
years, that is, from 1948-2005. The author critically examines the relevant
instruments and how they have been interpreted or implemented by the
relevant enforcement bodies. The author in particular looks at: the American
Declaration on the Rights and Duties of Man; the American Convention on
Human Rights; and the Inter-American Commission and the Court; the Inter-
American Convention to Prevent and Punish Torture and recommends that the
African human rights system should emulate the developments in the Inter-
American system on human rights in the field of promoting and protecting the
right to freedom from torture.

East African Journal of Peace and Human rights Vol. 13 (1) 2007: pp. 156-165