Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Article 57

Abstract

This chapter studies Article 57 of the American Convention on Human Rights (ACHR). Article 57 of the ACHR deals with the procedural status of the Inter-American Commission on Human Rights before the Inter-American Court. It addresses the crucial question of the procedural role of the Commission in the judicial litigation procedure. Therefore, Article 57 is closely linked to Article 61 of the ACHR, which designates the entities—States Parties and the Commission—entitled to refer cases to the Court. One of the differences between the two articles is that Article 61 provides to the Commission an option to refer the matter to the Commission, while Article 57 imposes a procedural obligation to the Commission. The Commission cannot choose not to appear before the Court.