46
before the law and equal protection of the law for all persons, are the building elements of a basic and
210
general principle regarding the protection of human rights.”
195.
A specific expression of the right to equality is the right of every person to not be the
victim of racial discrimination. This type of discrimination constitutes an attempt against the fundamental
equality and dignity of all human beings and has been the object of unanimous criticism by the
211
international community,
as well as being specifically prohibited by Article 1(1) of the American
Convention.
196.
For its part, Article 24 of the Convention, which establishes the right to equality before the
law and to equal judicial protection, without discrimination, has been defined in its scope by the InterAmerican Court in the following terms:
[The] prohibition against discrimination so broadly proclaimed in Article 1(1) with regard to the
rights and guarantees enumerated in the Convention thus extends to the domestic law of the
States Parties, permitting the conclusion that in these provisions the States Parties, by acceding to
212
the Convention, have undertaken to maintain their laws free of discriminatory regulations.
197.
In the instant case, the Commission considers it necessary to make an extensive
interpretation of the rights established in the American Convention based on other relevant international
instruments, under the provisions of the clause enshrined in Article 29(b) of the same instrument that will
213
help provide a more comprehensive characterization of the facts.
198.
In that regard, both the Inter-American Court and the European Court of Human Rights
have underscored the live nature of the international human rights instruments and the need to interpret
214
them in a manner coherent “with the evolution of time and current living conditions.” Similarly, the InterAmerican Court has concluded that “certain acts and omissions that violate human rights, pursuant to the
treaties that they do have competence to apply, also violate other international treaties for the protection
215
of the individual.” Based on the foregoing and taking into account the nature of the facts denounced, as
well as the socio-political context in which they occurred, the Commission considers it necessary to keep
in mind other international instruments of International Law which contain the principle of nondiscrimination and which the Dominican State has ratified, and, in that way, provide a full interpretation
216
and application of the contents and scope of the rights protected in the American Convention. .
199.
In that sense, the IACHR recalls that the United Nations International Covenant on Civil
217
218
and Political,
the Inter-American Democratic Charter,
and the American Declaration of the Rights
210
IA Court., Legal Status and Rights of Undocumented Migrants. Advisory Opinion OC-18/03 dof September 17, 2003,
Series A. No. 18, par. 83. In identical terms, the Committee on Human Rights has said that “[n]on discrimination, together with
equality before the law and the protection of the law for all persons, constitutes a basic and general principle regarding the
protection of human rights.” Committee on Human Rights. General Observation No. 18: Non discrimination, November 11, 1989,
par.
211
See, among others, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination of
November 20, 1963 [resolution 1904 (XVIII) of the General Assembly], which solemnly affirms the need to quickly eliminate all forms
and expressions of racial discrimination everywhere in the world and to ensure the understanding of and respect for the dignity of
the human being.
212
IA Court H.R., Proposed Amendment to the Constitution of Costa Rica regarding naturalization. Advisory Opinion OC4/84 of January 19, 1984. Series A No. 4, par. 54. In the same sense, see IACHR Report No. 40/04, Case 12.053, Maya
Indigenous Communities of the Toledo District v. Belize, October 12, 2004, pars. 162 and ss.
213
Article 29(b) establishes that no provision of the Convention shall be interpreted as “ restricting the enjoyment or
exercise of any right or freedom recognized by virtue of the laws of any State Party or by virtue of another convention to which one
of the said states is a party. "
214
IA Court H.R., Case of the “Street Children” (Villagrán Morales et al) vs. Guatemala. Merits. Judgment of November
19, 1999. Series C No. 63, pars. 192-193.
215
IA Court H.R., Case Bámaca Velásquez vs. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70,
par. 208.
216
See, inter alia, IACHR, Report 57/97, Case 11(1)37, of November 18, 1997, par. 167.
217
Article 2, paragraph 1, of the International Covenant of Civil and Political Rights establishes the obligation of each
State Party to respect and guarantee to all individuals within its territory and subject to its jurisdiction, the rights recognized in the
Covenant, without distinction as to race, sex, language, creed or any other factor ind, such s rce, color, sx, language, religion,
Continúa…