The Republic of Uruguay is located in South America, between Argentina, Brazil and the South Atlantic Ocean, with a population of 3,332,972. Uruguay gained independence and sovereignty from Spain in 1828 and has full control over its internal and external affairs. From 1973 to 1985 Uruguay was governed by a civil-military dictatorship which committed numerous human rights abuses.
Uruguay is generally committed to the promotion and protection of human rights and ranks as the most rights conscious nation in South America. However areas of concern remain, including inhumane prison facilities, access to justice for crimes committed as a result of the dictatorship and discrimination towards women.
Legal framework
International obligations
Uruguay has signed and ratified most of the international human rights treaties without reservations, including:
International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic, Social and Cultural Rights (ICESCR) International Convention on the Elimination of All Forms of Racial Discrimination (CERD) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Convention against Torture (CAT)
Uruguay has also ratified both Optional Protocols to the ICCPR. Uruguay has one general reservation/declaration with regard to article 38, paragraphs 2-3 of the Convention on the Rights of the Child (CRC) which deals with youth involvement in armed conflict.
Uruguay is subject to the Universal Periodic Review process as it is a member state of the United Nations. It has completed two rounds of the Universal Periodic Review, the latest in 2013. Uruguay has recognised the jurisdiction of the Inter-American Court of Human Rights as a member of the Organisation of American States.
On 18 March 2005 Uruguay extended a “standing invitation” to all visits from the UN Special Procedures. In 2007 this invitation was also extended to the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.
National institutions
In 2008, the National Institution for Human Rights (INDDH) was established to “defend, promote and protect” human rights in Uruguay. The agency advises on the signing and ratification of international treaties, implementation of practices to protect human rights and to investigate violations of human rights. Various other institutions exist to promote human rights in particular areas of government, such as:
Office of the Parliamentary Commissioner for the Prison System
Office of the Ombudsman
Human Rights Board of the Ministry of Education and Culture
Human Rights Advisory Office of the Judiciary of Uruguay
The Commission Against Racism, Xenophobia, and All Forms of Discrimination was created in 2007 however it has not had an allocated budget since 2010, and the terms of its members have lapsed.
Constitution
The Constitution of Uruguay sets out provisions for Uruguay's governance. The Constitution of Uruguay is supreme law and under Article 256 the Supreme Court of Justice may declare laws to be unconstitutional. It prescribes the powers and functions of the executive, legislative and judicial branches of Government. It specifically grants all persons equality before the law and Section Two specifically recognises a number of fundamental rights. Article 72 stipulates that the rights listed are not exhaustive and includes other rights “inherent in human beings or which are derived from a republican form of government.” Article 332 also states that it is immaterial if no specific regulation exists for individual rights proclaimed in the Constitution as general principles of justice and doctrine are analogous.
Human rights issues
Nationality problem
According to the Uruguayan constitutions and the law 16.021 Legal citizens of Uruguay are not able to obtain Uruguayan nationality, and people who have Uruguayan nationality can not give up their Uruguayan nationality either. It is against the Universal Declaration of Human Rights Article 15. This causes many problems in international travel, jurisdiction, investment, property ownership, asset declaration, marriage, extradition, discrimination, etc. Legal citizens of Uruguay have the right to obtain a Uruguayan passport.
Right to life
The death penalty has been abolished in Uruguay.