in the repossession of assets, and preparing inventories and valuations.78 In the area of
elections and political parties, a public deed must be drawn up in order to set up a
committee for the constitution of a political party and for it to have legal entity, and this
document can only be authorized by a notary. Moreover, only when the procedures and
requirements have been complied with can the political party be constituted, also by means
of a public deed.79
61.
Taking into account the foregoing, in Guatemala, notaries are independent liberal
professionals who perform a public function, even though they are not considered public
officials stricto sensu.80
B.2. Principle of equality and non-discrimination
62.
The Court has indicated that the notion of equality emanates directly from the
oneness of humankind, and is inseparable from the essential dignity of the individual. That
principle cannot be reconciled with the notion that a given group has the right to privileged
treatment because of its perceived superiority or, to the contrary, characterizing a group
as inferior and treating it with hostility or otherwise subjecting it to discrimination in the
enjoyment of rights which are accorded to others not so classified.81 States must refrain
from actions that, in any way, are addressed directly or indirectly at creating situation of
de jure or de facto discrimination.82 This Court’s case law has also indicated that, at the
current stage of the evolution of international law, the fundamental principle of equality
and non-discrimination has entered the domain of jus cogens. It underlines the legal
structure of national and international public order and permeates the legal system.83
63.
In addition, the Court has determined that Article 1(1) of the Convention is a
general norm the content of which extends to all the provisions of the treaty and
establishes the obligation of States Parties to respect and to ensure the free and full
exercise of the rights and freedoms recognized therein “without any discrimination.” In
other words, whatsoever the origin or form it assumes, any treatment that may be
considered discriminatory in relation to the exercise of any of the rights guaranteed in the
Convention is, per se, incompatible with this instrument.84 Non-compliance by the State
with the general obligation to respect and to ensure human rights by any differentiated
treatment that may be discriminatory – that is, that does not pursue a legitimate objective,
or is unnecessary and/or disproportionate – gives rise to its international responsibility.
Cf. Code of Civil and Commercial Procedure, Decree Law No. 107, articles 220, 298, 381, 382 and 384,
supra.
78
Cf. Electoral and Political Parties Law, Decree No. 1-85, articles 27.h, 52, and 63 (evidence file, folios 2639
and 2740).
79
80
Cf. Written expert opinion presented to the Inter-American Court by Gabriel Orellana Rojas, supra, and also
provided during the public hearing before this Court, supra.
Cf. Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica, Advisory Opinion
OC-4/84, January 19, 1984. Series A No. 4, para. 55, and Case of Guevara Díaz v. Costa Rica. Merits, reparations
and costs. Judgment of June 22, 2022, Series C. No. 453, para. 46.
81
Cf. Juridical Condition and Rights of Undocumented Migrants, Advisory Opinion OC-18/03, September 17,
2003. Series A No. 18, para. 103; Rights to freedom of association, to collective bargaining and to strike, and
their relationship to other rights, with a gender perspective (interpretation and scope of Articles 13, 15, 16, 24,
25 and 26, in relation to Articles 1(1) and 2 of the American Convention on Human Rights, Articles 3, 6, 7 and 8
of the Protocol of San Salvador, Articles 2, 3, 4, 5 and 6 of the Convention of Belem do Pará, Articles 34, 44 and
45 of the Charter of the Organization of American States, and Articles II, IV, XIV, XXI and XXII of the American
Declaration of the Rights and Duties of Man). Advisory Opinion OC-27/21 of May 5, 2021. Series A No. 27, para.
152, and Case of Guevara Díaz v. Costa Rica, supra, para. 46. This translates, for example, into the prohibition
to enact laws, in the broad sense, to issue civil administrative or any other type of measure, or to foster actions
and practices of officials, in application or interpretation of the law, that discriminate against a specific group of
individuals because they are foreigners or for other reasons. Cf. Advisory Opinion OC-18/03, supra, para. 103.
82
83
Cf. Advisory Opinion OC-18/03, supra, para. 101; Advisory Opinion OC-27/21, supra, para. 152, and Case
of Guevara Díaz v. Costa Rica, supra, para. 46.
84
Cf. Advisory Opinion OC-4/84, supra, para. 53, and Case of Guevara Díaz v. Costa Rica, supra, para. 47.
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