Title: Criteria for granting a precautionary measure
Course: Inter-American Human Rights System - 2nd. Edition > Section: Preventive mechanisms

In deciding to grant a meassure, the Commission will take into account:

- The urgency of the situation, which is determined by information indicating that the risk or threat is imminent and may materialize, thus requiring preventive or protective action.
- The threat of irreparable harm, which means the violation of rights that, by their very nature, are not susceptible to reparation, restoration or adequate compensation. When considering the request, the Commission takes into account its context, among other aspects.
- The nature of the threats received (oral, written, symbolic messages, etc.) and whether they are made against one or more members of a group of persons.
- The identification of the origin of the threats or the situation.
- The history of acts of aggression against individuals or groups of individuals in similar situations and the context in which the potential beneficiaries are found.
- Whether the situation has been reported to the relevant authorities, or the reasons why this could not be done.
- The gravity of the situation, which means the serious impact that an action or omission may have on a protected right or on the eventual effect of a pending decision in a case or petition before the organs of the system.

Before making a decision on the request for precautionary measures, the Commission requests the State to provide information on the reported situation.

When the immediacy of the potential harm does not permit any delay, the Commission may decide to request the measures directly and then review the decision taken as soon as possible or, at the latest, at the following session, in view of the information provided by the parties.

It is also important to mention that the granting of a precautionary measure does not imply a prejudgment of a violation of a right protected by the American Convention or Declaration or any other applicable instrument.

The type of measures to be adopted are not decided by the Commission, but rather by the parties, the beneficiary or their representatives together with the State, who must agree on the appropriate measures according to the situation. The type of measures adopted, their adequacy to protect persons at risk, and any issues related to their implementation are reviewed during the monitoring of the measures, as we will see later on.