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expression to common superior values, consubstantiated in the effective safeguard of
human rights;
eleventh, once established the international responsibility of a State
Party to a human rights treaty, such State has the duty to reestablish the situation
which guarantees to the victims the enjoyment of their violated right (restitutio in
integrum), putting an end to the situation in breach of that right, as well as, in the light
of the case, to provide reparation for the consequences of such violation;
twelfth, the modifications in the domestic legal order of a State Party
necessary for its harmonization with the norms of a human rights treaty can constitute,
in the framework of a concrete case, a form of non-pecuniary reparation under such
treaty; and
thirteenth, at this beginning of the XXIst century, a reconstruction and
renewal of the law of nations (derecho de gentes) as from a necessarily
anthropocentric outlook, and no longer a State-centred one as in the past, are
required, given the identity of the ultimate objective of both international law and
public domestic law as to the full safeguard of the rights of the human person.
Antônio A. Cançado Trindade
Judge
Manuel E. Ventura-Robles
Secretary