OAS :: IACHR : Precautionary Measures - 0 views
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The mechanism for precautionary measures is established in Article 25 of the Rules of Procedure of the IACHR. The Rules of Procedure establish that, in serious and urgent situations, the Commission may, on its own initiative or at the request of a party, “request that a State adopt precautionary measures. Such measures, whether related to a petition or not, shall concern serious and urgent situations presenting a risk of irreparable harm to persons or to subject matter of a pending petition or case before the organs of the inter-American system.”
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tool for protecting the basic rights of the people of the 35 states that are subject to the Inter-American Commission’s jurisdiction
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Article 26 of the then Regulations provided that “provisional measures” were called for “[i]n urgent cases, when it becomes necessary to avoid irreparable damage to persons.” The formal establishment of this mechanism within the Commission’s Rules of Procedure and its gradual development through application in practice fit the pattern by which the inter-American human rights system has traditionally cultivated its mechanisms of protection. This article follows from the IACHR’s duty to ensure compliance with the commitments undertaken by