Convention. These obligations are closely related to Article 25 of the Convention, which establishes the right of everyone to a simple, prompt and effective remedy before the competent jurisdictional bodies against acts that violate their human rights. In the words of the Court in Velásquez Rodríguez v. Honduras (1988): The second obligation of the States Parties is to "guarantee" the free and full exercise of the rights recognized in the Convention to every person under its jurisdiction. This obligation implies the duty of the States Parties to organize the entire government apparatus and, in general, all the structures through which the exercise of public power is manifested, in such a way that they are capable of legally ensuring the free and full exercise of human rights. As a consequence of this obligation, States must prevent, investigate and punish any violation of the rights recognized by the Convention and also seek to restore, if possible, the violated right and, where appropriate, repair the damage caused by the human rights violation. 48 20. For a State to be able to prevent, investigate and punish a human rights violation, it is necessary that it has, in its domestic legal system, consolidated legal institutions that allow it to act. The state instrument must include an institutional apparatus composed, among others, of police and investigative forces and a consolidated judiciary, as well as legislation that classifies certain human rights violations as illegal. In this regard, it is worth noting the decision of the drafters of the Convention to dedicate its second article to the duty of States to adopt provisions of domestic law (legislative or otherwise) to give effect to the rights and freedoms provided for in the Convention. 49 The interpretation of Article 2 of the Convention shows that the opposite also occurs, forcing States to eliminate from their legal system the provisions that violate or contribute to the violation of the human rights provided for therein. 50 The importance of this adaptation is reflected in the aforementioned "Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law” 51 adopted within the United Nations, which list, among the measures of non-repetition, the “Reviewing and reforming laws contributing to or allowing gross violations of international human rights law and serious violations of international humanitarian law.” 52. 21. Specifically with regard to the adoption of criminal law as a tool to prevent and remedy human rights violations, this practice was further consolidated in the paradigmatic Declaration and Program of Action of the Vienna World Conference (1993), which established the duty of States to “abrogate legislation leading to impunity for those responsible for grave violations of human rights such as torture and prosecute such violations, thereby providing a firm basis for the rule of law.” 53 As observed in the dictum pronounced by the Court in the Case of Velásquez Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 166. Art. 2 of the Convention, in turn, is closely related to Article 27 of the CVDT. Cf. Case of Noguera and another vs. Paraguay. Merits, Reparations and Costs. Judgment of March 9, 2020. Series C No. 401, para. 68. 50 This obligation is specifically expressed in relation to Article 24 of the Convention (right to equality and non-discrimination). In the words of the Court, “(…) States have the obligation not to introduce discriminatory regulations into their legal system, to eliminate any regulations of a discriminatory nature, to combat practices of this type and establish laws and other measures that recognize and ensure the effective equality of everyone before the law.” Cf. Case V.R.P., V.P.C. et al. v. Nicaragua. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of March 8, 2018. Series C No. 350, para. 289, 292. 51 Cf. note n. 8 supra. 52 Cf. UNGA. Basic principles and guidelines on the right of victims of gross violations of international human rights standards and serious violations of international humanitarian law to seek remedies and obtain reparations. Resolution A/RES/60/147 adopted on March 21, 2006, Annex, Principle No. 23(h). 53 Cf. UN. Vienna Declaration and Program of Action. Approved by the World Conference on Human Rights on June 25, 1993, A/CONF.157/23, Part II.A.60. 48 49 7

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