COURT PETITION

1. Petition or Response/Defense

Please prepare your petition or response, which should be 5 pages double-spaced. The petition is the complaint document that must be filed in order for a human rights court to consider whether the State has violated the State law and/or international human rights law contained in a relevant treaty. Please answer the following questions:

a) How has the State violated human rights? A State can violate a human right by:

a. action (as a result of an act by the State or its agents)

b. acquiescence (as a result of the tacit consent of the State or its agents), or

c. omission (as a result of the State or its agents failing to take action when they should have done so.)

b) What law, regulation and/or treaty have been violated?

a. This includes any of the human rights laws provided in the Mock Trial folder, any State law or regulation that you wish to cite including its Constitution (for purposes of this exercise, you can make up a State law that would be applicable if it fits your argument)

c) If you are representing the State, please argue for how you have remedied the human rights violation. As discussed in class, a State may be responsible for violating human rights by:

a. making reparation for the damages caused

b. making changes to legislation; and/or require that the State adopt other measures or actions

c. making best efforts to comply given existing resources and constraints

In addition, a friendly settlement of the matter may be pursued with the State

Sample of petition>>>

1. OAS http://www.cidh.org/pdf%20files/petitionform.pdf

LINKS:

Yean v. Bosco Summary OSI

InterAmerican Convention - See Article 18 - 20

State Department Report (See p 14 - 22)

Edwidge Danticat Interview - Democracy Now