18
San Salvador, the Protocol to Abolish the Death Penalty, the Convention to
Prevent and Punish Torture, the Convention of Belém do Pará on the
Eradication of Violence against Women, the Convention on Forced
Disappearance of Persons, etcetera. The task is to ensure consistency
between actions at the national level and the international commitments
made by the State that generate specific obligations for the latter and
recognize certain rights for the individual (underlining added).
47.
The foregoing reflects that, in fact, the parameter of the “diffused control of
conformity with the Convention" encompasses not only the American Convention,
but also its additional "Protocols,” as well as other international instruments that
have been the subject of integration to the Inter-American corpus juris through the
jurisprudence of the I/A Court of H.R. The purpose of its mandate, -as stated by
the Inter-American Court in a recent ruling,- "is the implementation of the
Convention and other treaties that grant it jurisdiction"60 and, as follows, the
interpretation of those treaties.
48.
For purposes of the parameter of the "diffused control of conformity with the
Convention," regarding "jurisprudence," all of the interpretations should be
encompassed made by the I/A Court of H.R. of the American Convention, its
additional Protocols, and other international instruments of the same nature that
are integrated in said Inter-American corpus juris, those of which are of the
jurisdiction of the Inter-American Court. It should not be forgotten “that human
rights treaties are living instruments whose interpretation must consider the
changes over time and present-day conditions.”61 Specifically in Advisory Opinion
OC-16/99, requested by the United Mexican States, on "The right to information on
consular assistance within the framework of the guarantees of due process of law,"
the I/A Court of H.R. stated: 62
The corpus juris of international human rights law comprises a set of
international instruments of varied content and juridical effects (treaties,
conventions, resolutions and declarations). Its dynamic evolution has had a
positive impact on international law in affirming and building up the latter’s
faculty for regulating relations between States and the human beings within
their respective jurisdictions. This Court, therefore, must adopt the proper
approach to consider this question in the context of the evolution of the
fundamental rights of the human person in contemporary international
law.(underlining added).
49.
The "interpretations" of this regulation of the Convention include not only
those in the judgments of "contentious cases," but also in the interpretations made
in other orders issued. 63 Thus, the interpretations fall within the "provisional
measures;" on "the monitoring of compliance with the judgments," or, even, on the
request for an "interpretation of the judgment" in terms of Article 67 of the Pact of
San Jose. Moreover, it should also encompass the interpretations derived from the
60
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 24, para. 199.
61
OC-16/99 of October 1, 1999, para. 114.
62
OC-16/99, supra note 60, para. 115.
63
In terms of Article 29 of the Court Rules of Procedure, in force as of January 1, 2010, that
establish: “Article 31. Resolutions. 1.
Judgments and orders completing proceedings shall be
rendered exclusively by the Court. 2.
All other orders shall be rendered by the Court if it is sitting
and by the Presidency if it is not, unless otherwise provided. Decisions of the Presidency that are not
merely procedural may be appealed from to the Court. 3. Judgments and orders of the Court may not
be contested in any way.”
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents