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distances and contrasts among their possessors. Article 2 of the Pact of San José
should be read carefully: the States must adopt the necessary measures to give
effect to the rights and freedoms. The reference to “necessary” measures that “give
effect” to the rights, refers to the consideration of particularities and compensations.
32.
Obviously, we have not exhausted the examination of democracy, which is
the foundation and the destiny of political participation, understood in light of the
American Convention. The need to have means of participating in the conduct of
public affairs is clear, in order to intervene in the guidance of the nation and in
community decisions, and this is related to the active and passive right to vote,
among other participatory instruments. Achieving this signifies a historical step from
the time – which still exists, as we have seen in other cases decided by the InterAmerican Court in the current session and mentioned in this opinion – when the
struggle for the right was related only to the physical survival, the patrimony and the
settlement of the community. However, the progress on the path towards electoral
presence – an advance contained, confronted by measures that foster inequality and
discrimination – should not detain or dissuade access to comprehensive democracy,
in which the access of individuals to the means that will encourage the development
of their potential is promoted.
33.
As can be observed, the contentious cases I have mentioned in this
concurring opinion to the respective judgments examine issues that are common to
the indigenous communities and to the rights of their members, even though they do
so in relation to different facts and according to the specific circumstances of each
case. These decisions are situated in one and the same historical reality and attempt
to resolve the specific manifestations that this has resulted in today. Thus, they
encourage the application of solutions guided by the same liberating and egalitarian
objective that permits the exercise of the individual rights of those who are members
– and have full rights to continue being members – of ethnic and indigenous
communities that form part of the broader national communities. After all, the idea is
to resolve, in the twenty-first century, the problems inherited from preceding
centuries. The specific increasingly abundant and comprehensive case law of the
Inter-American Court can contribute to this.
Sergio García-Ramírez
Judge
Pablo Saavedra-Alessandri
Secretary
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