Importance of the Pact of San José

The so-called Pact of San José refers to the Inter-American Convention on the Human rights, which was ratified in 1969 in the capital of Costa Rica. The OAS countries signed this alliance in order to enforce the agreements reached in 1948 on the rights and duties of man.

The main legal contributions were the protection of the right to life and the abolition of the death penalty as a form of punishment.

The judicial bodies of the Pact of San José entered into force in 1978 when all the nations of Ibero-America joined the agreements of 1969. In this way, the Inter-American Court of Human Rights was founded, whose headquarters are also located in the capital of Costa Rica.

In the articles that make up this legal framework, emphasis is placed on some fundamental rights. First of all, the right to life, since from the moment of conception no person can be deprived of it. The death penalty is expressly prohibited for minors, pregnant women, those over seventy years of age, and political prisoners.

Those rights related to the integrity of the people (Torture and cruel and degrading treatment, forced labor and any form of servitude or slavery are prohibited).

The freedom and personal safety are protected. In this sense, arbitrary imprisonment is prohibited, it is mandatory to communicate to the detainees the reasons for their deprivation freedom and specifies that any person arrested can immediately request that a judge determine the legality of his detention. Several articles refer to respect for individual liberties.

To ensure security, any form of pro-war propaganda or any message that encourages violence and hatred is prevented.

A legal tool that allows the legal protection of any citizen

In short, the Pact of San José makes it possible to establish legal protection on fundamental issues, such as respect for judicial processes, access to justice, personal liberty and the presumption of innocence. With these resolutions, defense lawyers have a legal tool to guarantee the human rights of their clients.

In 1969 most Latin American countries were ruled by totalitarian systems. The agreements reached in the Pact of San José were very useful for those responsible for dictatorships were judged by the courts for the systematic breach of rights humans.