IACHR requests provisional measures in favor of Lovely Lamour in Haiti

July 2, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) asked the Inter-American Court of Human Rights on July 1, 2024, to grant provisional measures in favor of Lovely Lamour in Haiti, in the belief that she faces an extremely serious and urgent risk of suffering irreparable harm to her rights.

On August 29, 2023, the Inter-American Commission granted precautionary measures in favor of Lovely Lamour, through Resolution 49/2023, after noting that her situation met the relevant seriousness, urgency, and irreparability criteria. The Commission has repeatedly tried to obtain information from the State of Haiti and called a working meeting held on February 28, 2024, in the context of the IACHR's 189th Period of Sessions. However, it has received no response that might indicate that adequate, effective measures have been implemented to mitigate the risks in this case. No information has been provided concerning measures to seek an agreement or to investigate the risks.

The Commission finds that Lovely Lamour's situation has got significantly worse and that this has had an impact on her safety, her living conditions, and her health. The proposed beneficiary is allegedly homeless and is currently living away from her usual environment. She allegedly has no identification documents or financial resources to access the medical treatment she needs, and she is only getting inadequate food. She is allegedly living inside a storage facility. The information the IACHR has had access to suggests that Lamour has been subjected to threats by relatives of an individual she had an incident with in 2023, who was arrested that year. At the site where she is currently sleeping, she has allegedly faced physical violence after refusing to have sex with several young men who are also staying there.

Lamour did not receive the medical and psychological care she needed during her pregnancy and after giving birth. According to the available information, her physical health condition has got significantly worse. Lamour has said that she suffers from health problems including lower back pain and issues linked to her reproductive health. She has also said that her mental health worsened after she was separated from her son, who later died and was subjected to an indigent burial. In spite of the precautionary measures in place, the Commission has received no information about any healthcare measures that the State may have provided.

The Commission notes that this request for provisional measures reflects an exceptional situation with an extreme, urgent risk that Lamour suffer irreparable harm to her rights. The request should be assessed in the current context in the State of Haiti, which has been constantly evaluated by the Organization of American States (OAS) and the IACHR, as well as by other human rights institutions.

Consequently, in keeping with Article 63.2 of the American Convention and Article 27 of the Rules of Procedure of the Inter-American Court of Human Rights, the Commission asked the Court to demand that the State of Haiti take the following action:

1. Implement all necessary measures in favor of Lamour, with a gender perspective, to protect her rights to life, personal integrity, and health, including her reproductive health
2. Take protection measures to ensure Lamour's safety, given her current living conditions
3. Report on any measures taken to protect Lamour's rights to life, personal integrity, and health

The Inter-American Court of Human Rights grants provisional measures in extremely serious and urgent cases, to prevent irreparable harm to individuals. Provisional measures are compulsory for States, and the decisions they hold demand that States adopt specific actions to protect the rights and/or lives of the individuals who are at risk.

A principal, autonomous body of the OAS, the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 155/24

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