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function of the Court, also suggests the characteristics that matters brought before it
may have.
5.
It would be impossible, in addition to undesirable, taking into account the
ancillary or complementary nature of international jurisdiction, for it to receive a large
number of contentious cases on identical or very similar facts, to reiterate, again and
again, the criteria set forth in previous contentious cases. We must insist that the States
themselves, guarantors of the inter-American human rights system, are at the same
time essential components of this system, in which they participate through a political
and juridical will that is the best guaranty of the true effectiveness of the international
system for protection of human rights, based on the effectiveness of the domestic
system for protection of those rights.
6.
Therefore, in the logic of the system –and of the institutional aspirations of the
Inter-American Court, as a component of the system- there lies the idea that the rulings
of the Court must be reflected, in the manner and according to the terms set forth in
domestic Law -as the bridge between the international and the national systems- in
domestic legislation, in domestic jurisdictional criteria, in specific programs in this field,
and in the daily actions of the State regarding human rights; they must, ultimately, be
reflected in the national experience as a whole. This –a power to influence, rebuild,
guide, inform- is what explains and justifies, ultimately, an international venue that does
not have the possibility or the capacity to hear thousands of cases of identical litigation,
reproducing both reasoning and rulings that have been set forth and reiterated
previously.
II.
Patterns of violation
7.
The Inter-American Court of Human Rights has ruled on facts that constitute, in a
way, a traditional pattern of violation of rights. Recently, the Court has addressed
different themes, on the border between the so-called first generation and second
generation rights, or issues pertaining to the former that had not been brought up before
and that enable opening new areas of jurisdictional reflection, which in turn propose new
human rights frontiers in the Americas, in accordance with the interpretation given by
the Inter-American Court.
8.
Despite the gradual appearance of themes that are different from those covered
during the eighties and even during the nineties, in the broad set of cases brought
before the Court, some that are “traditional” in nature persist. Not only have they not
declined or disappeared, as would have been desirable and seemed natural, but they
have undertaken new expressions or have continued to be present, and this constant
presence expresses the need, which I referred to above, to review the state of these
issues under domestic venue to adjust it, without more ado, to international standards.
The international court does its part as best possible when it identifies the major issues
in the contentious cases that it hears or in the opinions that it issues and generates the
jurisdictional doctrine contained in its considerations. The following stage must be carried
out by the domestic venue, not only due to its legal competence but –especially- due to
the real ability that it has to encompass all the problems that arise in the domestic
sphere.
9.
Those international standards do, in fact, coincide to a very large extent, or
perhaps completely, from the standpoint of the legal provisions in force, with the
purpose and the mandates reflected in the supreme national legal orders, and even in
much of the secondary legislation.
Therefore, it is necessary for the political and
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