39 foregoing allows us to note that, through judicial protection from this integrative perspective of the rights provided for in Article 25(1), in relation to Articles 1(1), 2, and 29(b) of the Convention, an authentic integration is forged at a normative and interpretative level on the matter of fundamental rights, allowing for a view of an integrated Inter-American System and promoting jurisprudential dialogue for the creation of regional standards on the subject that effectuate the full enjoyment thereof. 133. The dimension of the right to the guarantee of rights constitutes an integral element of both domestic fundamental rights, as well as those derived from the Convention, allowing a more extensive protection in domestic courts to individuals, so that they may effectuate their rights in a model of exercise of control for conformity with the Convention. Although it is possible to deduce that these implications are derived from the text itself of Article 25 of the American Convention, I consider that, to date, they have not been sufficiently explored by this Inter-American Tribunal. Moreover, had this been addressed and developed in the present case, it is very likely that the independent violation of Article 25 of the Convention would have been declared. 134. Pursuant to this reading of the right to judicial protection, Mr. Alibux would not have had, at any moment, access to an effective judicial remedy to protect his claims of constitutionality, legality, and conformity with the Convention, beyond the specific claim in regard to the requirement that the right to appeal the judgment enshrined in Article 8(2)(h) of the American Convention be respected. In this sense, the Inter-American Court would have had to declare the violation of Article 25 of the Convention, in connection to Article 1(1) and 2 of such international treaty, instead of subsuming it – as is done in the Judgment – as a consequence of the violation declared regarding the lack of a process of appeal before a higher court, which refers to the dimension of due process of law and not to the duty to guarantee the rights that Article 25 of the American Convention provides for, as an integrative element of fundamental rights of both a domestic sources and the convention. Eduardo Ferrer Mac-Gregor Poisot Judge Pablo Saavedra Alessandri Registrar insert in this Article a provision similar to that in paragraph 3 of Article 2° of the International Pact on Civil and Political Rights […]”. Specialized Conference on Human Rights, San José, Costa Rica, November 7 to 22, 1969, Acts and Documents, OEA/Ser.K/XVI/1.2, pages. 41 and 42.

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