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