12
purpose of the treaty, so that the interpretation does not result in a deterioration in the
protection system embodied in the Convention.29
1.2. Systematic interpretation
43.
The Court emphasizes that, according to the systematic argument, norms
should be interpreted as part of a whole, whose meaning and scope must be
established in function of the juridical system to which they belong.
44.
The State alleged that it “accept[ed] the jurisdiction” of the Court “exclusively
for cases relating to the interpretation or application of the American Convention and
not for any other international instrument or treaty.” Furthermore, Mexico argued that
it is possible not to judicialize the petition system included in the Convention of Belém
do Pará, taking into account international human rights instruments that “do not
establish mechanisms ipso jure for submitting petitions to international tribunals,” and
that have even established “protocols” that include “ad hoc committees to examine
individual petitions.” It stressed that “it should not be forgotten that these are not
jurisdictional organs but have structures, procedures and powers similar to those of
the Inter-American Commission.”
45.
The Inter-American System includes treaties that make no reference to the
processing of individual petitions as a protection mechanism; treaties that allow the
processing of petitions, but restrict this to certain rights, and treaties that allow the
processing of petitions in general terms.
46.
The Inter-American Convention on the Elimination of all Forms of Discrimination
against Persons with Disabilities (hereinafter “the CIETFDPD”) falls within the first
category; its Article VI establishes that a Committee for the Elimination of all Forms of
Discrimination against Persons with Disabilities “shall be the forum for assessment of
progress made in the application of the Convention.” This Convention does not mention
the processing of individual petitions denouncing the violation of its provisions.
47.
A second category is composed of treaties that grant jurisdiction for processing
petitions, but restrict them ratione materiae to certain rights. Thus, for example,
Article 19(6) of the Additional Protocol to the American Convention in the Area of
Economic, Social and Cultural Rights, “Protocol of San Salvador,” permits the
submission of petitions only with regard to the right to education and trade union
rights.
48.
The Inter-American Convention to Prevent and Punish Torture (hereinafter “the
CIPST”), the Inter-American Convention on Forced Disappearance of Persons
(hereinafter “the CIDFP”) and the Convention of Belém do Pará form part of the third
category. These treaties contain jurisdictional provisions that differ from those of the
American Convention, as explained below.
49.
The State alleged that the criteria used by the Court for the “application” of the
CIPST and the CIDFP were “not applicable,” because these treaties “contain different
clauses” to Article 12 of the Convention of Belém do Pará, while the latter limits the
possibility to the Inter-American Commission alone. Consequently, it applies the
29
Cf. “Other Treaties” Subject to the Advisory Jurisdiction of the Court (Art. 64 American Convention
on Human Rights). Advisory Opinion OC-1/82 of September 24, 1982. Series A No. 1, paras. 43 to 48;
Restrictions to the Death Penalty (Arts. 4(2) and 4(4) American Convention on Human Rights). Advisory
opinion OC-3/83 of September 8, 1983. Series A No. 3, paras. 47 to 50; Proposed Amendments to the
Naturalization Provisions of the Constitution of Costa Rica. Advisory opinion OC-4/84 of January 19, 1984.
Series A No. 4, paras. 20 to 24 and, inter alia, Case of Velásquez Rodríguez v. Honduras. Preliminary
Objections. Judgment of June 26, 1987. Series C No. 1, para. 30.