Title: How can a precautionary measure be requested?
Course: Inter-American Human Rights System - 2nd. Edition > Section: Preventive mechanisms

It is not necessary to exhaust domestic remedies in order to request this type of measure. However, it is important to inform the Commission of any steps taken at the national level to request protection from the authorities, especially when the measures are requested for acts that are not attributed to State agents, but to private individuals.

➡️ It is important to understand that a measure cannot replace a case; if the measure refers to a situation already before the Commission as a case, it most likely will not be granted. Therefore, it is important to know which situations do NOT activate this mechanism.

 They are as follows:

- Structural issues that depend on public policies;
- Judicial disputes, for example when a petitioner alleges violations of the due process protected by Articles 8 and 25 of the American Convention and articles XVIII and XXVI of the American Declaration;
- The interpretation of norms in the abstract, or the creation of rights;
- Requests for administrative procedures, or for expediting their procedures, such as the issuance of certifications;
- Resolution of labor issues, such as unjustified dismissals in private or public companies of non-elected officials, and issues in relation to salaries, promotions, and vacations, among others;
- Avoidance of economic problems, such as lack of salaries, payment of fines or embargoes;
- Evictions, unless a right beyond property is affected, for example, the eviction of an entire community from its ancestral territory, which will affect its survival.

What should the application include?

- Name and contact information of the applicant
- Name of the beneficiary person or group
- An explanation of the situation
- Details of whether any complaint has been filed or the situation has been brought to the attention of any State body, and if not, the justification or impediments encountered; in doing so, and
- Specific measures that are being requested.

You can review the brochure on how to file a request for precautionary measures 👉 here .

What will the IACHR analyze in order to request the precautionary measures?

The analysis of a request for precautionary measures takes into account the particularities of each situation, and therefore cannot be subject to strict and generalized criteria. Instead, the analysis is based on the nature of both the risk and the harm to be prevented.

Since 2013, when thr Rules of Procedure were amended, any decisions regarding granting, extending, modifying and lifting precautionary measures is done through reasoned resolution.

Requests received vs. granted/extended by year

Source here.