object and purpose,8 such that the interpretation does not lead in any way to weaken the
system of protection set forth the Convention.9 The "ordinary meaning of the terms" should
be analyzed as part of a whole whose meaning and scope should be established in
accordance with the judicial system to which they belong 10 to ensure a harmonious
interpretation of the American Convention.
13.
Thus, the Court ruled "the aforementioned Article 31 incorporates several elements
that conform a general interpretation norm which, in turn, can be supported with the
supplementary norm referred to in Article 32 of said instrument."11 Furthermore, the Court
emphasized that:
International Law of Human Rights consists both of a set of norms (conventions, agreements,
treaties and other international documents) and a set of values that these norms seek to develop.
Therefore, the interpretation of the norms must also be executed based on a model of values that
the inter-American system strives to preserve, from the 'best perspective' for the protection of
the individual.12
14.
Ever since the first case was brought before the Court, it has stipulated, "[t] he
object and purpose of the American Convention is the effective protection of human rights.
Therefore, the Convention must be interpreted so as to give it its full meaning and to allow
the system of protection of human rights of the Commission and the Court to become fully
'effective.’" 13
15.
The Court also took into account that Article 29 of the American Convention on the
"Norms of Interpretation" provides clear hermeneutical guidelines such that the
interpretation of the Convention cannot be done in a way that:
8
Cf. Proposed Amendments to the Constitution of Costa Rica with regard to Naturalization. Advisory
Opinion AO-4/84 of January 19, 1984. Series A No. 4, para. 23; Compatibility of a Bill with Article 8(2) of the
American Convention on Human Rights. Advisory Opinion AO-12/91 of December 6, 1991. Series A No. 12, para.
21; Article 55 of the American Convention on Human Rights. Advisory Opinion AO-20/09 of September 29, 2009.
Series
A
No.
20,
para.
26;
Case
of
González
et
al.
("Cotton
Field"
v.
Mexico.
Preliminary Objection, Merits, Reparations and Costs. Judgment of November 16, 2009. Series C No. 205, para.
42, and Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of
November 23, 2009. Series C No. 209, para. 30.
9
Cf. "Other treaties" object of the advisory role of the Court (Art. 64 American Convention on Human
Rights). Advisory Opinion AO-1/82 of September 24, 1982. Series A No. 1, para. 43 to 48; Restrictions on the
Death Penalty (Arts. 4(2) and 4(4) of the American Convention on Human Rights). Advisory Opinion AO-3/83 of
September 8, 1983. Series A No. 3, para. 47 to 50; Proposed Amendments to the Constitution of Costa Rica in
relation to Naturalization. Advisory Opinion OC-4/84, supra note 8, para. 20 to 24, and Case of González et al.
("Cotton Field") v. Mexico, supra note 8, para. 42.
10
Cf. The Right to Information on Consular Assistance in the Framework of the Guarantees of Due Legal
Process. Advisory Opinion AO-16/99 of October 1, 1999. Series A No. 16, para. 113; Case of Ituango Massacre.
Colombia. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 1 2006 Series C No. 148, para.
156, and Case of Bueno Alves v. Argentina. Merits, Reparations and Costs. Judgment of May 11, 2007. Series C
No. 164, para. 78. and Case of González et al. ("Cotton Field") v. Mexico, supra note 8, para. 43
11
23.
12
Article 55 of the American Convention on Human Rights. Advisory Opinion OC-20/09, supra note 8, para.
Case of González et al. ("Cotton Field") v. Mexico, supra note 9, para. 33.
13
Case of Velásquez Rodríguez v. Honduras. Preliminary Objections. Judgment of June 26, 1987. Series C
No. 1, para. 30.
4