7
23.
In this way, the Court, at the same time that it has innovated and taken a
qualitative step in its case-law - of growing importance in the last years - in the
matter of Provisional Measures of Protection, has also acted with prudence: it has
listened attentively to the oral pleadings of the Commission and the State and has
verified the great seriousness of both in the treatament of the theme in their
interventions during the aforementioned public hearing before the Tribunal; it has
recognized the high complexity of the problem dealt with herein in its distinct
aspects; it has taken care not to prejudge the merits of the case pending before the
Inter-American Commission (in particular as to the question of the guarantees of the
due process of law); it has shown its sensitiveness to the needs of protection; and it
has contributed to the definitive characterization of the tutelary, rather than purely
precautionary, character of the provisional measures of protection in the conceptual
universe of the International Law of Human Rights (cf. supra).
24.
I cannot, thus, fail to express my hope that the measures which the
Dominican Republic comes to take, in conformity with the Provisional Measures of
Protection individualized in the present Resolution of the Court, are reverted to the
benefit of all the other persons - not indicated nominally in the petition of the InterAmerican Commission - who find themselves in the same situation of vulnerability
and risk. Law does not operate in the vacuum; it evolves pursuant to the fulfilment of
social needs and to the recognition of the values underlying its norms.
25.
A role of fundamental importance is reserved to Law in order to fulfil the new
needs of protection of the human being, particularly in the dehumanized world in
which we live. At the beginning of the XXIst century, there is, definitively, pressing
need to situate the human being in the place which corresponds to him, that is, in
the centre of the public policies of the States (such as population policies) and of all
process of development, and certainly above capitals, investments, goods and
services. There is, moreover, pressing need to develop conceptually the law of the
international responsibility, so as to comprise, besides the responsibility of the State,
also that of non-State actors. This is one of the greatest challenges of public power
and of legal science in the "globalized" world in which we live, from the perspective
of the protection of human rights.
Antônio A. Cançado Trindade
Judge
Manuel E. Ventura-Robles
Secretary