adherence to the law and authenticity and because he belongs to a system based on reparatory rather than preventive law.”75 51. Regarding their status, in Guatemala, notaries are considered liberal professionals of a hybrid nature, who exercise a public function with personal civil, criminal and administrative responsibility,76 but who are free to negotiate their fees with the private individuals to whom they provide services. In the words of the State, the notary is “a law professional who possesses the legal authority to attest documents delegated by the sovereign State and by law, which means that he exercises a public function, acts on behalf of the State, and his activity is of public interest because he provides legal certainty and protects human rights.”77 52. Regarding their activities, according to the State, notaries “give shape to the intention of the parties in order to give this intention legal form, adapting it to the legal requirements of form and substance, and also […] attest to facts and acts that take place in their presence, which gives these authenticity and is considered conclusive proof.”78 Guatemalan law allows notaries to validate instruments, authenticate signatures, draw up notarial instruments, and act as auxiliaries of justice in cases of voluntary jurisdiction.79 Notaries also have attestation authority to confer legal certainty on the relations between private individuals80 through public instruments authenticated in the course of their notarial activities.81 The concept of attestation authority is, therefore, a central element of a notary’s identity.82 53. Regarding the selection of notaries, the notarial system in each State must be verified. In the countries that have adopted the Latin notarial system there are three ways to access the notarial function: appointment, a competitive competition, and a professional degree.83 Guatemala has adopted the model of the professional degree. After obtaining a notarial degree, the interested party must register with the respective professional association. As the UINL indicated: “the award of a notary degree does not result in the automatic authorization to exercise the notarial profession in the Republic of Guatemala.”84 The foregoing is derived from the nature of the profession under the Latin notarial system adopted by Guatemala and other countries of the Americas.85 54. Bearing in mind this description of the notarial function, I will now examine the suitability of nationality as a criterion for the admission of new notaries in Guatemala. The State argued the protection of state sovereignty, the promotion of legal certainty and security, and the protection of human rights as objectives when imposing the restriction of the nationality of the candidate for entry into the notarial profession.86 Therefore, it is 75 Cf. Amicus curiae brief of the International Union of Notaries (UINL), p. 6. 76 Cf. Answering brief of June 14, 2021, para. 30. 77 Cf. Answering brief of June 14, 2021, para. 8. 78 Cf. Answering brief of June 14, 2021, para. 31. 79 Cf. Articles 54 and 60 of the Guatemalan Notarial Code; Merits Report (IACHR), paras. 25 to 30. 80 Cf. Answering brief of June 14, 2021, paras. 81 and 225. Guatemalan Notarial Code. Article 1. “The Notary has the legal authority to attest and authenticate the legal documents in which he intervenes pursuant to the law or at the request of a party.” 81 As pointed out by the State, the legal authority to attest documents or attestation authority creates an official truth and provides legal certainty and security in social relationships. The public instruments produced possess the characteristic of full proof and, consequently, contribute to legal certainty and security. Cf. Answering brief of June 14, 2021, para. 76 and 77; Code of Civil and Commercial Procedure of Guatemala. Article 186. “Documents authorized by a notary or by a public official or employee in exercise of their functions, are considered authentic and constitute conclusive proof, save for the right of the parties to contest them alleging invalidity or falsity. […].” 82 83 Cf. The State’s brief with final arguments of April 28, 2022, para. 49. 84 Cf. Amicus curiae brief of the International Union of Notaries (UINL), p. 3. 85 Cf. Judgment, paras. 54 and 55. 86 Cf. Answering brief of June 14, 2021, para. 227. 14