23.
This Court recalls that it has established that it is not only the elimination or
enactment of norms of domestic law that guarantees the rights contained in the American
Convention, pursuant to the obligation contained in Article 2 of this instrument. This also calls
for the implementation of State practices resulting in the effective observance of the rights
and freedoms recognized in the Convention. Consequently, the existence of a norm does not,
in itself, guarantee that it will be applied adequately. The application of the norms or their
interpretation, as jurisdictional practices and expressions of the legal system, must be
adapted to the end sought by Article 2 of the Convention. In other words, the Court
emphasizes that judges and organs for the administration of justice at all levels are obliged to
exercise ex officio a control of conformity between domestic norms and the American
Convention; evidently, within the framework of their respective spheres of competence and
the corresponding procedural rules. In this task, they must take into account not only the
international treaty concerned, but also its interpretation by the Inter-American Court,
ultimate interpreter of the American Convention. 25
24.
In this regard, the Court recalls that, when monitoring compliance in the case of
Radilla Pacheco v. Mexico, it took note of the constitutional reform of June 10, 2011, under
which it was established in article 1 of the Mexican Constitution that “[h]uman rights norms
shall be interpreted pursuant to the Constitution and the relevant international treaties, at all
times providing the individual with the broadest protection.” 26 In this regard, this Court
emphasizes the argument of the State that, “in parallel to the secondary legislation, the
constitutional reform concerning human rights guarantees the prevalence of the practical
effects of the Judgment” in this case, inasmuch as the said reform “results in the obligation of
the electoral tribunals to interpret the politico-electoral rights of the citizen in keeping with the
pro persona principle” and to carry out a control of conformity with the Convention ex officio
in specific cases.
25.
In addition, this Court has examined a “Decision of the Court in Plenary” issued by the
Supreme Court on June 14, 2011, in case file “Various 912/2010.” 27 In this decision, the
Supreme Court stated that the Judiciary was obliged to exercise a control of conformity of
domestic norms with the American Convention ex officio, and that, to this end, it must take
into account the framework of article 1 of the Mexican Constitution, which, since the 2011
reform, establishes the obligation to interpret human rights norms in keeping with the pro
persona principle (supra considering paragraph 24). In addition, the said decision indicates
that the rulings of the Inter-American Court with regard to Mexico “are binding for all the
organs [of the State …] within their respective spheres of competence […]. Consequently, not
only the specific operative paragraphs of the Judgment, but also all the criteria contained in
the Judgment deciding this litigation are binding for the Judiciary. Moreover, it shall be
considered that the remainder of the Inter-American Court’s case law, resulting from the
25
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and costs.
Judgment of September 26, 2006. Series C No. 154, para. 124; Case of Cabrera García and Montiel Flores v. Mexico.
Preliminary objection, merits, reparations and costs. Judgment of November 26, 2010. Series C No. 220, para. 225;
Case of Gelman v. Uruguay. Merits and reparations. Judgment of February 24, 2011. Series C No. 222, para. 193, and
Case of Gelman v. Uruguay. Monitoring compliance with judgment. Order of the Inter-American Court of Human
Rights of March 20, 2013, sixty-sixth considering paragraph.
26
Cf. Case of Radilla Pacheco v. Mexico. Monitoring compliance with judgment. Order of the Inter-American
Court of Human Rights of May 14, 2013, fifth considering paragraph.
27
In the private session held by the Justices on September 20, 2011, unanimously, by all 11 votes, the text
of
the
addition
to
the
case
file
“Various
912/2010”
was
approved.
Available
at:
http://fueromilitar.scjn.gob.mx/Resoluciones/Varios_912_2010.pdf. Cf. Case of Radilla Pacheco v. Mexico.
Monitoring compliance with judgment. Order of the Inter-American Court of Human Rights of May 14, 2013, fifth
considering paragraph.
10