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Denunciation of the American Convention on Human Rights, Venezuela’s withdrawal and Advisory Opinion OC-26/20 of November 9: broken dream and change of the original commitment

Abstract

This paper analyzes the recent Advisory Opinion OC-26/20 of November 9 issued by the Inter-American Court of Human Rights and presents some critical observations on two aspects. The American Convention on Human Rights was created in principle with the pretension of indefinite duration, but the States Parties were also careful to include a caveat. That notable caveat is the right to denounce the treaty. The denunciation is the exit door available to the parties to dissociate themselves from the Pact of San José. The last episode of denunciation by Venezuela in 2012-2013, together with its subsequent denunciation of the Charter of the Organization of American States in 2017-2019, raised concerns and questions in the region that led to the relevant advisory resolution in question.

Keywords:
American Convention on Human Rights; denunciation procedure; Venezuela; Advisory Opinion OC-26/20; Inter-American Court of Human Rights

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