II. PRELIMINARY AND GENERAL CONSIDERATIONS 3. The preliminary and general considerations concerning this case related to the function of the Inter-American Court of Human Rights6 and the role of the separate opinion. A. The function of the Court 4. This opinion is based on the fact that the function of the Court 7 is to impart justice in the area of human rights pursuant to law and, more specifically, pursuant to the Convention and, consequently, pursuant to both international human rights law of which it forms part and public international law8 of which, in turn, it forms part. 5. Therefore, strictly speaking, the Court does not have competence to promote and defend human rights because the Convention expressly assigns that function to the Commission,9 which could be classified as activist, understanding this word in the most positive sense possible.10 In contrast, the Court’s function is to decide human rights disputes that arise between the States Parties to the Convention that are able to appear before the Court if necessary,11 or in the case of an individual or a group of individuals or a non- 6 Hereinafter, the IACtHR. Art. 62(3): “The jurisdiction of the Court shall comprise all cases concerning the interpretation and application of the provisions of this Convention that are submitted to it, provided that the States Parties to the case recognize or have recognized such jurisdiction, whether by special declaration pursuant to the preceding paragraphs, or by a special agreement.” 7 Art. 31(3)(c) of the Vienna Convention on the Law of Treaties: General rule of interpretation.… There shall be taken into account, together with the context:… (c) any relevant rules of international law applicable in the relations between the parties.” 8 Art. 41 of the Convention: “The main function of the Commission shall be to promote respect for and defense of human rights. In the exercise of its mandate, it shall have the following functions and powers a. to develop an awareness of human rights among the peoples of America; b. to make recommendations to the governments of the member states, when it considers such action advisable, for the adoption of progressive measures in favor of human rights within the framework of their domestic law and constitutional provisions as well as appropriate measures to further the observance of those rights; c. to prepare such studies or reports as it considers advisable in the performance of its duties; d. to request the governments of the member states to supply it with information on the measures adopted by them in matters of human rights; e. to respond, through the General Secretariat of the Organization of American States, to inquiries made by the member states on matters related to human rights and, within the limits of its possibilities, to provide those states with the advisory services they request; f. to take action on petitions and other communications pursuant to its authority under the provisions of Articles 44 through 51 of this Convention; and g. to submit an annual report to the General Assembly of the Organization of American States.” 9 Diccionario de la Lengua Española, Real Academia Española, 2019: “Activismo: 1. Tendencia a comportarse de un modo extremadamente dinámico. 2. Ejercicio del proselitismo y acción social de carácter público. Activista: 1. Perteneciente o relativo al activismo. 2. Seguidor del activismo.” 10 Art. 45(1): “Any State Party may, when it deposits its instrument of ratification of or adherence to this Convention, or at any later time, declare that it recognizes the competence of the Commission to receive and examine communications in which a State Party alleges that another State Party has committed a violation of a human right set forth in this Convention.” 11 2