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tenth, there exists no legal obstacle or impossibility at all for the direct
application at domestic law level of the international norms of protection, but what is
rather required is the will (animus) of the public power (above all the Judiciary) to
apply them, amidst the understanding that one will thereby be giving concrete
expression to common superior values, consubstantiated in the effective safeguard of
human rights;
eleventh, once established the international responsibility of a State
Party to a human rights treaty, such State has the duty to reestablish the situation
which guarantees to the victims the enjoyment of their violated right (restitutio in
integrum), putting an end to the situation in breach of that right, as well as, in the light
of the case, to provide reparation for the consequences of such violation;
twelfth, the modifications in the domestic legal order of a State Party
necessary for its harmonization with the norms of a human rights treaty can constitute,
in the framework of a concrete case, a form of non-pecuniary reparation under such
treaty; and
thirteenth, at this beginning of the XXIst century, a reconstruction and
renewal of the law of nations (derecho de gentes) as from a necessarily anthropocentric
outlook, and no longer a State-centred one as in the past, are required, given the
identity of the ultimate objective of both international law and public domestic law as to
the full safeguard of the rights of the human person.
Antônio A. Cançado Trindade
Judge
Manuel E. Ventura-Robles
Secretary
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