11
ruling in the proper application of the ruling.42 Therefore, the effectiveness of judgments
and judicial decisions depends on their implementation. Otherwise, the denial of the right is
implied.43 This implies, in accordance with Article 25(2)(b)) of the American Convention,
that States commit themselves to develop the possibilities of judicial remedy. 44 As a
consequence of the aforementioned, the lack of effective domestic remedies renders a
person in a state of defenseless.45
34.
The Inter-American Court has held that the meaning of the protection afforded by
Article 25 of the Pact of San José is based on the real possibility of accessing a judicial
remedy so that the competent authorities can issue a binding decision that determines
whether there has been a violation of any rights that the person claims to have, and if a
violation is established, that the remedy be useful in reestablishing the individual in the
enjoyment of his right and providing reparation. It would be unreasonable to establish said
judicial guarantee if people would be required to know in advance whether their situation
would be covered by the court under the protection of a specific law. 46 It is for this reason
that the Inter-American Court does not evaluate the effectiveness of the remedies filed in
regard to a possible favorable decision in the interests of the alleged victim. 47
35.
In view of the foregoing, regardless of whether the judicial authorities declared the
claim of the individual that files a remedy unfounded because it was not covered by norms
that were invoked or a violation of the allegedly violated right was not found, the State is
obliged to provide effective remedies that enable people to challenge those acts by the
authorities that they deem to be in breach of human rights under the American Convention,
the Constitution or legislation. In the Case of Castañeda, the Inter-American Court
concluded that Article 25 of the Pact of San José establishes the right to judicial protection
of rights, which can be violated irrespective of whether or not there has been a violation of
the right claimed or that the situation on which it was based fell within the sphere of
application of the right invoked.48
36.
It is important to note that the Inter-American Court has established that in all
domestic legal systems there are multiple remedies, but not all are applicable under all
circumstances. If in a specific case the remedy is not appropriate, it is thereby evident that
it cannot be exhausted.49 The foregoing, without detriment to the possibility that all
42
Cf. Case of Baena Ricardo et al. V. Panamá. Jurisdiction. Judgment of November 28, 2003. Series C No.
104, para. 73; and Case of Mejía Idrovo V. Ecuador. Preliminary Objections, Merits, Reparations and Costs.
Judgment of July 5, 2011. Series C No. 228, para. 104.
43
Cf. Case of Baena Ricardo et al. V. Panamá. Jurisdiction. Judgment of November 28, 2003. Series C No.
104, para. 82; and Case of Mejía Idrovo V. Ecuador. Preliminary Objections, Merits, Reparations and Costs.
Judgment of July 5, 2011. Series C No 228. para. 104.
44
Cf. Case of Castañeda Gutman V. México. Preliminary Objections, Merits, Reparations and Costs.
Judgment of August 6, 2008. Series C No. 184, para. 78.
45
Cf. Case of the Constitutional Court V. Perú. Merits, Reparations and Costs. Judgment of January 31,
2001. Series C No. 71. para. 89.
46
Cf. Case of Castañeda Gutman V. México. Preliminary Objections, Merits, Reparations and Costs.
Judgment of August 6, 2008. Series C No. 184, para. 100.
47
Cf. Case of López Mendoza V. Venezuela. Merits Reparations and Costs. Judgment of September 1, 2011
Series C No. 233, para. 184.
48
Cf. Case of Castañeda Gutman V. México. Preliminary Objections, Merits, Reparations and Costs.
Judgment of August 6, 2008. Series C No. 184, para. 101.
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