36 133. In the instant case, the inexistence of an effective recourse constituted a violation of the Convention by the State Party, and non-compliance with its domestic legal effects to make effective the rights established in the Convention, in the terms of Article 25 of the American Convention on Human Rights, in relation to Articles 1(1) and 2 thereof. VII ARTICLE 23 (RIGHT TO PARTICIPATION IN GOVERNMENT)47 IN RELATION TO ARTICLES 1(1) (OBLIGATION TO RESPECT RIGHTS) AND 2 (DOMESTIC LEGAL EFFECTS) OF THE AMERICAN CONVENTION 134. The Inter-American Commission did not find that there had been a violation of Article 23 of the American Convention in its report on admissibility and merits; consequently, it did not allege the violation of the right to participate in government before the Court. 135. To the contrary, the representatives asked the Court to declare that Mexico was responsible for the violation of the right to participate in government embodied in Article 23 of the American Convention and of Articles 1(1) and 2 of this instrument to the detriment of Jorge Castañeda Gutman. They stated that his right to be elected was violated by the official communication of March 11, 2004, issued by IFE in which, based on Article 175 of the COFIPE, among other provisions, he was denied registration of his independent candidacy for the office of President of the United Mexican States. Among other arguments, the representatives alleged that: (i) political parties are not the only vehicles enabling citizens to postulate themselves for elected office, as established in the respective norms and the progressive development of the precedents of the Inter-American system for the protection of human rights, especially the ruling of the Court in the Yatama case; (ii) there can be no restrictions to the exercise of the political rights embodied in the Convention other than the assumptions established in Article 23(2) thereof; in this regard, the word “only” [Note: exclusivamente in Spanish] used in that provision reinforces the fact that there can be no other restrictions than those indicated therein and any requirement other than those expressly established in the said Article is contrary to the Convention; (iii) according to Human Rights Committee General Comment 25, the right of persons to stand for election should not be excessively limited by requiring candidates to be members of parties or of specific parties, which applies in this case, and (iv) independent candidates are necessary and would constitute an escape valve in view of the limited credibility of political parties and low participation in elections. 136. The representatives also alleged that, when ratifying the American Convention, Mexico had made a reservation to Article 23(2) of the Convention to the effect that members of religious orders would not have the passive right to vote or the right to 47 Article 23. Right to participate in government 1. Every citizen shall enjoy the following rights and opportunities: a. to take part in the conduct of public affairs, directly or through freely chosen representatives; b. to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and c. to have access, under general conditions of equality, to the public service of his country. 2. The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.