23
the Vienna Convention on the Law of Treatises.118 In this regard, when interpreting the
American Convention, the alternative that is most favorable to protection of the rights
enshrined in said treaty must always be chosen, based on the principle of the rule most
favorable to the human being.119
78.
Although the Inter-American Court, in its usual exercise, only has authority to apply
the treaties of the Inter-American System over which it has jurisdiction, it is also common
to find an integrative exercise of the rights when international standards are taken into
account – at a strictly interpretative level – from the European or African systems, or the
Universal Human Rights Systems.
79.
For instance, in analyzing the content and scope of Article 21 of the American
Convention in relation to the communal property of the members of indigenous
communities, the Inter-American Court has taken into account Convention No. 169 of the
ILO in the light of the general interpretation of rules established under Article 29 of the
Convention, in order to construe the provisions of the aforementioned Article 21 in
accordance with the evolution of the Inter-American system considering the development
that has taken place regarding these matters in international human rights law. 120 In
another recent example, in a case on the rights of immigrants and refugees, the InterAmerican Court considered121 that:
129.
In response to the special needs of protection for migrant persons and groups, this
Court interprets and warrants substance to the rights recognized under the Convention, in
accordance with the evolution of the international corpus juris applicable to the human rights of
migrants.122
(…)
143.
In accordance with Article 29(b) of the Convention, in order to interpret and apply the
norms of the Convention specifically in order to determine the scope of State obligations in
118
Cf. Case of the Mapiripán Massacre V. Colombia, Merits, Reparations and Costs. Judgment of September,
15, 2005. Series C No. 134, para. 106.
119
Cf. Case of Ricardo Canese V. Paraguay. Merits, Reparations and Costs. Judgment of August 31, 2004.
Series C No. 111, para. 181; Case of Herrera Ulloa V. Costa Rica. Preliminary Objections, Merits, Reparations and
Costs. Judgment of July 2, 2004. Series C No. 107, para. 184; and Case of Baena Ricardo et al. V. Panamá. Merits,
Reparations and Costs. Judgment of February 2, 2001. Series C No. 72, para. 189.
120
Costs.
Tingni
paras.
Costs.
See, for example: Case of the Yakye Axa Indigenous Community V. Paraguay. Merits, Reparations and
Judgment of June 17, 2005. Series C No. 125.paras. 124 to 131, and Case of the Mayagna (Sumo) Awas
Community V. Nicaragua. Merits, Reparations and Costs. Judgment of August 31, 2001. Series C No. 79,
148 and 149; and Case of Sawhoyamaxa Indigenous Community V. Paraguay. Merits, Reparations and
Judgment of March 29, 2006. Series C No. 146, para. 117.
121
Case of Pacheco Tineo Family V. Plurinational State of Bolivia. Preliminary Objections, Merits, Reparations
and Costs. Judgment of November 25, 2013. Series C No. 272, paras. 129 and 143.
122
Cf.Juridical Condition and Rights of the Undocumented Migrant. Advisory Opinion OC-18/03 of September
17, 2003. Series to No. 18, para. 117, citing United Nations, Report of the World Summit for Social Development
held in Copenhagen, 6 to 12 of March, 1995, A/CONF.166/9, of April 19, 1995,Annex II Program of Action, paras.
63, 77 and 78, available at:http://www.inclusion-ia.org/espa%F1ol/Norm/copspanish.pdf; United Nations, Report
of the International Conference on Population and Development held in Cairo on September 5 to 13, 1994,
A/CONF.171/13, of October 18, 1994, Program of Action, Chapter X.A. 10. 2 to 10.20, available at:
http://www.un.org/popin/icpd/conference/offspa/sconf13.html, and United Nations, General Assembly, World
Conference on Human Rights held Vienna, Austria, from June 14 to 25, 1993, A/CONF. 157/23, from July 12, 1993,
Declaration
and
Program
of
Action,
I.24
and
II.33-35,
available
at:
http://www.cinu.org.mx/temas/dh/decvienapaccion.pdf.