8
international juridical personality of the human being contributed to instrumentalize the
vindication of the rights of the human person, emanated from International Law, - on the
other hand the corpus juris of the universal human rights conferrred upon the juridical
personality of the individual a much wider dimension, no longer conditioned by the law
emanated from the public power of the State." (paras. 46-47 and 49-50).
26.
As I allowed myself to previously state in my Concurring Opinion in the historic
Advisory Opinion n. 16 of the Inter-American Court of Human Rights on the Right to
Information on Consular Assistance in the Famework of the Guarantees of the Due Process of
Law (of 01.10.1999), we nowadays witness
"the process of humanization of international law, which today encompasses also
this aspect of consular relations. In the confluence of these latter with human rights, the
subjective individual right to information on consular assistance, of which are titulaires all
human beings who are in the need to exercise it, has crystallized: such individual right,
inserted into the conceptual universe of human rights, is nowadays supported by
conventional international law as well as by customary international law" (par. 35).
27.
On other occasions I referred to the subjective right within certain contexts.28 The
conceptualization of subjective right historically came before the appearance and extraordinary
expansion of International Human Rights Law throughout the second half of the XX century
and in this first decade of the XXI century. With the appearance and consolidation of the latter,
a decisive step was taken towards the definitive emancipation of human beings before their
own State.
28.
This also led to the clarification of the international juridical personality of human
beings, whose conceptualization, throughout the last decades, - directly related to the access
of human beings to international justice, - I covered in my Concurring Opinion in the case of
Five Pensioners v. Peru (Reparations, Judgment of 02.28.2003), as well as in my Concurring
Opinions in the cases of Yatama v. Nicaragua, and Goiburú et al. v. Paraguay (Judgments of
06.23.2005 and 09.22.2006, respectively), as well as in the case of the Members of the Team
of Community Teams and Psychosocial Action - ECAP (case of the Massacre of Plan de Sánchez
v. Guatemala, Order on Provisional Protection Measures, of 11.29.2006).29
4.
From Subjective Law to the New Dimension of International Juridical
Entitlement of Human Beings.
29.
The international juridical entitlement of human beings, as foreseen by the so-called
“founders” of International Law, is currently a reality. Within the realm of International Human
Rights Law, today the European and Inter-American protection systems – with international
tribunals in operation – acknowledge, next to the individual’s juridical personality, their
international procedural capacity (locus standi in judicio). This is a logical development, since it
.
For example, in my Concurring Opinion in Advisory Opinion n. 18 (of 09.17.2003) of this Court,
on the Juridical Condition and Rights of the Undocumented Migrants, I referred to the construction of the
subjective individual right to asylum (paras. 31-43); reproduced in: A.A. Cançado Trindade, Derecho
Internacional de los Derechos Humanos - Esencia y Trascendencia (Votos en la Corte Interamericana de
Derechos Humanos, 1991-2006), México, Edit. Porrúa/Universidad Iberoamericana, 2007, pages 63-68. I
also referred to legal subjectivity in my Concurring Opinion (paras. 17-28) in the case of the Castro
Castro Criminal Center, regarding Peru (Judgment of 11.25.2006); also reproduced in ibid., pages 820845.
28
29
.
Reproduced in ibid., pages 355-362, 568-570, 779-804, and 1020-1025, respectively.
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