14. It is based on all the above that, strictly speaking, the Court is not responsible for
promoting and defending human rights, which is the function that the Convention
expressly assigned to the Commission,29 which could be categorized as an activist,
understanding this work in the most positive sense possible. 30 To the contrary, let me
repeat, the Court is responsible – in the exercise of its contentious jurisdiction – for
ruling, with binding effects for the defendant States, in the cases that are submitted to
it and, in the exercise of its advisory and non-contentious competence, for issuing its
non-binding opinion; in other words, in both situations, applying and interpreting the
Convention. Evidently, to this end, it must not only respect the provisions of
international human rights law, but also those of general international law and,
ultimately, law in general, even in the eventuality that one, some or all of them
establish norms that are not shared.
15. And this is necessary, not only to deliver a solid and substantiated judgment or advisory
opinion, but also so that, in the case of the former, the State concerned restores as
soon as possible the effective enjoyment of the violated human right or, in the case of
the latter, proceeds after having been warned that, if it does so in a certain way, it runs
the risk of committing a human right violation. In sum, abiding by law allows the Court
to be as objective as possible in its decisions and, consequently, more just.
C. Interpretation of treaties
16. Therefore, the Court is responsible for determining, from among the various
possibilities, the meaning and scope of the Convention’s provisions. Evidently, if the
text of the corresponding norm does not offer several alternatives for its application, it
would not be necessary to examine it further, because it would not represent an
obscure or ambiguous matter whose meaning and scope needed to be determined.
17. This means that the interpretation of the Convention consists in fathoming the intention
of its States Parties when they signed it and, eventually, how that intention expressed
in the Convention should be understood in relation to new situations. And, for this
purpose, it is necessary to consider the Convention not only as an expression of the
reality, but also of what it aspires to be. In other words, the Convention not only reflects
the society that it regulates, but also the society that it hopes for.
Art. 41: ““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:
29
(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.”
30 Diccionario de la Lengua Española, Real Academia Española, 2020. “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.”