-6not statically - abiding only by what motivated their original formulation some years ago. The fact that the protected rights are endowed with autonomy and their own material content does not mean that they cannot or should not be interrelated owing to the circumstances of each case. To the contrary, in my opinion this interrelation is the element that provides more effective protection, in light of the indivisibility of all human rights. Here we pass from the ontological to the hermeneutical level. Having made this distinction, I will now continue to the route that the right to an effective recourse has followed over time. III. The genesis of the right to an effective recourse before the national courts in the corpus juris of international human rights law 16. The travaux préparatoires of the Universal Declaration of Human Rights were conducted in different stages. The United Nations Commission on Human Rights decided to elaborate a draft in April/May 1946, when it appointed a "nuclear commission" to make the initial studies. In parallel, in 1947, UNESCO consulted scholars of the time regarding the bases of a future Universal Declaration.12 The draft Declaration was prepared within the framework of the United Nations Commission on Human Rights, by a Working Group which drafted it between May 1947 and June 1948. As of September 1948, the draft Declaration was examined by the Third Committee of the United Nations General Assembly, and adopted on December 10 that year by the Assembly.13 One of the most relevant provisions of the 1948 Universal Declaration is to be found in Article 8, according to which everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted to him by the constitution or by law. 17. In the final analysis, this Article 8 of the Universal Declaration embodies the right of access to justice (under domestic law), an essential element in any democratic society. Despite its relevance, the draft article that became Article 8 of the Universal Declaration was only inserted in the text during the final stages of the travaux préparatoires, when the matter was being examined by the Third Committee of the United Nations General Assembly. However, significantly, no objections were raised to it, and the Third Committee adopted it by 46 votes to zero, with three abstentions, while in the General Assembly it was adopted unanimously. The initiative, delayed but very successful, was proposed by the delegations of the Latin American States. It may even be considered that Article 8 (on the right to an effective remedy) represents the Latin American contribution par excellence to the Universal Declaration. 18. Indeed, Article 8 of the 1948 Universal Declaration was inspired by the equivalent provision of Article XVIII of the American Declaration of the Rights and Duties of Man eight months earlier (April 1948).14 The basic argument that led to the 12 . UNESCO, Los Derechos del Hombre - Estudios y Comentarios en torno a la Nueva Declaración Universal, México/Buenos Aires, Fondo de Cultura Económica, 1949, pp. 233-246. 13 . For a full report, cf. A.A. Cançado Trindade, Tratado de Direito Internacional dos Direitos Humanos, vol. I, 2a. ed., Porto Alegre/Brazil, S.A. Fabris Ed., 2003, chapter I, pp. 51-77. 14 . This Latin American initiative was strongly influenced by the principles that govern the remedy of amparo, which had been embodied in the national laws of many countries of the region. To such an extent that, at the Bogotá Conference of April 1948, Article XVIII of the said American Declaration was adopted unanimously by the 21 delegations present. Regarding the legacy of the 1948 American Declaration, cf. A.A. Cançado Trindade, "O Legado da Declaração Universal de 1948 e o Futuro da Proteção Internacional dos

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