establishes, it should not exercise the international normative function that falls within the
competence of the States, but rather advise them of the need to amend the provision in
question. Thus, the new provision that eventually arises from the exercise of the said function
by the States would clearly enjoy a more solid and widespread democratic legitimacy.
9.
In this regard, it should also be indicated that this opinion responds to the circumstance
that the Court, as a judicial organ, enjoys extensive autonomy in its work, since there is no
higher entity that is able to control its actions,19 a characteristic that imposes on it the
imperative of being extremely rigorous in the exercise of its jurisdiction in order not to
denature this and, consequently, so as not to weaken the inter-American system for the
protection of human rights. This is why the thesis argued in this text seeks, among other
purposes, the broadest possible recognition of the Court by all those who appear before it,
namely, the alleged victims of human rights violations, 20 the Commission21 and the States
Parties to the Convention that have accepted its jurisdiction,22 thereby reinforcing the Court’s
status as a judicial organ and, consequently, the most significant entity of a continental scope
that has been established to safeguard human rights, Moreover, for this reason it is necessary
to persist in consolidating and improving it, without exposing it to risks that could negatively
affect this effort.
10.
All the above, also taking into consideration that the Court, on the one hand, should
execute its functions abiding by the principles of impartiality, independence, objectivity,
political independence, equanimity, full equality before the law and justice, non-discrimination
and absence of prejudices, characteristics inherent in all jurisdictional organs and, on the
other hand, that the ultimate purpose of its task is to duly and opportunely safeguard the
human rights of the presumed victims of violations of those rights. In other words, it should
proceed bearing in mind that its functions are similar to those exercised, for example, by
juvenile courts and labor courts, which are based, the former on the best interests of the
child, and the latter on the protection of the worker, all within the framework of the
administration of justice.
11.
Based on the foregoing, and because the Convention is a treaty between States 23 and
therefore establishes their obligations – but with regard to the persons subject to their
respective jurisdictions24 – it can be concluded that the Court’s function is to fathom the
Art. 76(1):” Proposals to amend this Convention may be submitted to the General Assembly for the action it deems
appropriate by any State Party directly, and by the Commission or the Court through the Secretary General.”
Art. 77(1): “In accordance with Article 31, any State Party and the Commission may submit proposed protocols to this
Convention for consideration by the States Parties at the General Assembly with a view to gradually including other rights
and freedoms within its system of protection.”
Art. 67: “The judgment of the Court shall be final and not subject to appeal. In case of disagreement as to the meaning
or scope of the judgment, the Court shall interpret it at the request of any of the parties, provided the request is made
within ninety days from the date of notification of the judgment.”
19
Supra, footnote 13.
Art. 25(1) of the Court’s Rules of Procedure: “Participation of the Alleged Victims or their Representatives. Once
notice of the brief submitting a case before the Court has been served, in accordance with Article 39 of the Rules of
Procedure, the alleged victims or their representatives may submit their brief containing pleadings, motions, and
evidence autonomously and shall continue to act autonomously throughout the proceedings.
20
21
Supra, footnote 14
22
Supra, footnote 7.
Art. 2(1)(a) of the Vienna Convention on the Law of Treaties: “Use of Terms. 1. For the purposes of the present
Convention: (a) “treaty” means an international agreement concluded between States in written form and governed
by international law, whether embodied in a single instrument or in two or more related instruments and whatever
its particular designation.”
23
Art. 1 of the Convention: “1. The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and
24
4