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48.
In point of fact, the legitimacy of the Inter-American Court derives from the rigor of its
arguments and legal constructs, as well as from the justice achieved through its decisions.
Consequently, the intention of trying to get it right is not enough – is insufficient – because what
this may generate is an important factor for the delegitimization of the Court. Indeed, ultimately,
decisions such as this one create a vision, a project of integration and transformations arising
autonomously from the organs of the inter-American human rights system, moving away from
the main function of the Inter-American Court, which is to administer justice, ensuring the
protection of human rights while strictly respecting its jurisdiction. Indeed, it is not possible to
create transformational law that runs counter to the law in force.
49.
Finally, I hope that this opinion makes a contribution to understanding the magnitude of
the decision that the majority of the Inter-American Court adopted in this case, and reveals the
main problems arising from the judgment. Only sincere criticism and open and public debate can
help mitigate, up to a certain point, the risks to legitimacy and legal certainty that may arise from
this judgment.
Humberto A. Sierra Porto
Judge
Pablo Saavedra Alessandri
Secretary
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