3 Assistance Fund, the State’s report on compliance with the judgment and the corresponding monitoring process. Obviously, by adopting this course of action, I have acted in accordance with the principles of liberty and independence that should govern the actions of a judge, guaranteed by the Convention and the Court’s Statute and Rules of Procedure, which impose no restriction as regard the reason he considers it appropriate to vote according to his conscience or, in particular, by not prohibiting him from explaining, if he so wishes, why he has proceeded in in way. 10 B. General procedural aspects within which the opinion is framed With regard to the general procedural aspects within which this opinion is formulated, there are basically two: one, related to the role of the Court and the other, related to the nature of its own jurisprudence. i. Role of the Court. With respect to the role of the Court, it should be recalled that the Convention, after indicating the organs competent to hear matters related to compliance with the commitments established therein, 11 establishes that the Court is responsible for applying and interpreting the Convention in the cases submitted to it, 12 a function different from that of the Commission, which is responsible for the promotion and defense of human rights. 13 Thus, while the role of the Commission is more diplomatic or political, the role of the Court is purely judicial. 10 Similarly, Art. 95(2) of the Rules of the International Court of Justice: “Any judge may, if he so desires, attach his individual opinion to the judgment, whether he dissents from the majority or not; a judge who wishes to record his concurrence or dissent without stating his reasons may do so in the form of a declaration. The same shall also apply to orders made by the Court.” Likewise, Art. 74(2) of the Rules of the European Court of Human Rights: “Any judge who has taken part in the consideration of the case by a Chamber or by the Grand Chamber shall be entitled to annex to the judgment either a separate opinion, concurring with or dissenting from that judgment, or a bare statement of dissent.” 11 Art 33: “The following organs shall have competence with respect to matters relating to the fulfillment of the commitments made by the States Parties to this Convention: a) the Inter-American Commission on Human Rights, referred to as the Commission, and b) the Inter-American Court of Human Rights, referred to as the Court.” Art. 62(3) of the Convention: “The jurisdiction of the Court shall comprise all cases concerning the interpretation and application of the provisions of this Convention that are submitted to it, provided that the States Parties to the case recognize or have recognized such jurisdiction, whether by special declaration pursuant to the preceding paragraphs, or by a special agreement.” 12 13 Art. 41 of the Convention: “The main function of the Commission shall be to promote respect for and defense of human rights. In the exercise of its mandate, it shall have the following functions and powers: a) to develop an awareness of human rights among the peoples of America; b) to make recommendations to the governments of the member states, when it considers such action advisable, for the adoption of progressive measures in favor of human rights within the framework of their domestic law and constitutional provisions as well as appropriate measures to further the observance of those rights; c) to prepare such studies or reports as it considers advisable in the performance of its duties; d) to request the governments of the member states to supply it with information on the measures adopted by them in matters of human rights; e) to respond, through the General Secretariat of the Organization of American States, to inquiries made by the member states on matters related to human rights and, within the limits of its possibilities, to provide those states with the advisory services they request; f) to take action on petitions and other communications pursuant to its authority under the provisions of Articles 44 through 51 of this Convention; and

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