4
"(...) The State’s obligations require it to act diligently and to achieve a given result, not
merely to act in a given manner (such as adopting insufficient and ineffective legislative
measures). Indeed, the examination of the difference between obligations to act in a
given manner and to achieve a given result11 has, in general, been carried out under a
theoretical approach, assuming variations in the conduct of the State and even a
succession of acts by the latter,12 -without sufficiently and duly considering a situation
that suddenly causes irreparable damage to a human being (v.g., deprivation of life due to
the State's lack of diligence)."
In other words, the obligations involved are to achieve a given result and not merely
to act in a given manner, because, otherwise, they would not refer to compulsory
laws and, in addition, they could result in impunity.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra-Alessandri
Secretary
11
Especially based on the work of the United Nations Human Rights Commission on the
International Responsibility of States.
12
Cf. A. Marchesi, Obblighi di Condotta e Obblighi di Risultato - Contributo allo Studio degli Obblighi
Internazionali, Milano, Giuffrè, 2003, paras. 50-55 and 128-135.