25
distinct order, with whose application they coincide, or completely devoid of connection to
them. The foregoing is based on the assumption that many States with whom this Court
relates with actively participate both in the Inter-American System, as well as the Universal
System of Human Rights, and that, naturally, have their own constitutional procedural
systems for the protection of fundamental rights.
81.
This interaction has been recognized by the Inter-American Court through the
concept of the corpus juris of international human rights law, which is comprised of a set of
international instruments of varied content and juridical effects (treaties, conventions,
resolutions and declarations). For the Inter-American Tribunal, its dynamic evolution has
had a positive impact on international law in affirming and developing up the latter’s faculty
for regulating relations between States and the human beings within their respective
jurisdictions.128
82.
As a result, Article 25 of the American Convention establishes the right to an
effective judicial remedy, which may be the remedy of amparo or another remedy of a
similar nature and equal scope for those rights that cannot be heard by the courts using the
amparo remedy;129 on the other hand, by virtue of Article 29 of the Convention, which
requires a more favorable or extensive interpretation, based on the pro persona principle,
the rights protected by Article 25 are those included in the corpus juris. Of course, this
protection should be executed taking into consideration the different powers of each judicial
organism, which requires that the control for conformity with the Convention that is
exercised be of varying intensity.130
83.
Article 25 of the American Convention, which establishes the right to judicial
protection, clearly has a procedural dimension as well, as it stipulates the right to a
guarantee, an instrument to assert rights; in this case, the existence of a recourse with
certain characteristics that must be established and effectively comply with the obligations
of Articles 1(1) and 2 of the Convention. However, on the other hand, this recourse must
“protect all persons” against acts that violate their rights from various sources. Hence, from
this, one can actually see that, in reality, this dimension of Article 25 makes it so the right
to an effective judicial remedy is really a genuine substantive right of the guarantee of
rights, which depends upon nothing less than the effectiveness of the fundamental rights,
whether they be of a constitutional or conventional source.
84.
It is important to note here that, just as is stated in the Judgment in the present
case, “the American Convention does not impose a specific model for the regulation of
issues of constitutionality and control for conformity with the Convention.”131 In any event,
the Inter-American Court has repeatedly held that the important thing is that the treaty be
granted a “useful purpose.” That is, that it be respected and guaranteed in the manner in
which the State Parties consider it most pertinent. The integrative dimension of
128
Cf. Juridical Condition and Rights of the Undocumented Migrant. Advisory Opinion OC-18/03 of September
17, 2003. Series to No. 18, para. 120; and Cf. The Right to Information on Consular Assistance in the Framework
of the Guarantees of the Due Process of Law. Advisory Opinion OC-16/99 of October 1, 1999. Series to No. 16,
para. 115.
129
Cf. Case of Castañeda Gutman V. México. Preliminary Objections, Merits, Reparations and Costs.
Judgment of August 6, 2008. Series C No. 184, para. 92.
130
In regard to the various intensities of “control of conformity with the Convention,” see the Opinion in the
Order of Compliance of the Judgment. Case of Gelman V. Uruguay. Order of March 20, 2013.
131
Para. 124 of the Judgment.