4 commit themselves to edit legislation and to develop actions conducive to an overall and effective respect for the Convention.421 7. A good example of jurisprudence is case of The Last Temptation of Christ (Olmedo Bustos and others v. Chile. Judgment of February 5, 2001. Series C No. 73), as it is observed from the arguments, in regard to the exact interpretation and reach that must be given to Article 2 of the American Convention: 89. The Court recalls that on January 20, 1997, the Court of Appeals of Santiago delivered a judgment in the case, which was confirmed by the Supreme Court of Justice of Chile on June 17, 1997. Because it did not agree with the ground for these judgments, the government of Chile submitted to Congress, a draft constitutional reform to eliminate cinematographic censorship on April 14, 1997. The Court evaluates and underlines the importance of the Government’s initiative in proposing said constitutional reform, because it may lead to adapting domestic laws to the content of the American Convention with regard to freedom of thought and expression. However the Court observes that, despite the time that has elapsed since the draft reform was submitted to Congress, the necessary measures have not yet been adopted to eliminate cinematographic censorship, as established in Article 2 of the Convention, and thus allow exhibition of the film “The Last Temptation of Christ.” (Emphasis added) 8. The concurring opinion from Judge Cançado Trindade in that case, contains even sharper statements: “4. [...] The American Convention, together with other human rights treaties, "were conceived and adopted on the basis of the assumption that the domestic legal orders ought to be harmonized with the conventional provisions, and not vice versa” (paragraph 13). Definitively, I warned that, “[I]t cannot be legitimately expected, that such conventional provisions be ‘adapted’ or subordinated to the solutions of constitutional law or of internal public law, which vary from country to country [...]. The American Convention, as well as other human rights treaties, seek, a contrario sensu, to have in the domestic law of the States Parties, the effect of improving it, in order to maximize the protection of the recognized rights, bringing about, to that end, whenever necessary, the revision or revocation of national laws [...] which do not conform to its standards of protection.” (paragraph 14) (Emphasis added) 9. In regard to the fourth item in paragraph 40 of the same vote, Judge Cançado Trindade states: [T]he very existence and applicability of a norm of domestic law (be it infra-constitutional or constitutional), can, per se engage the responsibility of a Party State under a human rights treaty. (Emphasis added) 421 Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al) v. Chile. Merits, Reparations, and Costs. Judgment of February 5, 2001. Series C No. 73, para 85 and following.

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