6
16.
For a long time I have been insisting that the great juridical revolution of the
XXth century has been the one consolidated by the International Law of Human Rights,
in erecting the human being as subject of International Law, endowed, as a true
complaining party against the State, with full juridico-procedural capacity at
international level18. The present case of the "Street Children", in which the forgotten
ones of this world succeed to resort to an international tribunal in order to vindicate
their rights as human beings, gives an eloquent testimony of this. In the ambit of
application of this new corpus juris, it is undoubtedly the victim who appropriately
assumes the central position. The impact of the International Law of Human Rights in
other areas of Law (both public and private) timely occurs, to the effect of humanizing
them. This development appears in conformity with the very aims of Law, the
addressees of whose norms are, ultimately, the human beings.
17.
The impact of the International Law of Human Rights in the evolution of a
specific aspect of contemporary International Law, namely, that pertaining to the right
of foreign detainees to information on consular assistance in the framework of the
guarantees of the due process of law, to refer to one example, is clearly inferred from
the Advisory Opinion n. 16 of the Inter-American Court (of O1 October 1999). In a
classic and luminous monograph (titled The Sources of International Law) published in
1946, the Danish jurist Max Sorensen pondered that the elements and influences which
determine the content of legal regulation (social needs, ideal exigencies), emanate
from the social conscience prevailing in the international community. This being so, the
very validity of the juridical norms becomes reality also "in the psychological domain,
and it is at this level that the value conceptions are manifested"; Sorensen concludes
that the value criteria respond to an "interior necessity"19.
18.
One ought to go, definitively, beyond appearances, beyond shadows. But even
if, along the cammin di nostra vita, we transcend at times the shadows and behold the
light, no one can assure us that darkness will not fall again. But to this latter once more
the light would follow, - like in the succession of night and day, or of day and night20.
The tension of the clear-dark, of the advances intermingled with setbacks, is proper of
the human condition, and it constitutes, in fact, one of the most precious legacies of the
thinking of the ancient Greeks (always so contemporary) to the evolution of the human
thinking itself, which has penetrated human conscience throughout the centuries. The
18
.
Cf., besides my previous studies, recently, A.A. Cançado Trindade, "Las Cláusulas Pétreas de la
Protección Internacional del Ser Humano: El Acceso Directo de los Individuos a la Justicia a Nivel Internacional
y la Intangibilidad de la Jurisdicción Obligatoria de los Tribunales Internacionales de Derechos Humanos", in El
Sistema Interamericano de Protección de los Derechos Humanos en el Umbral del Siglo XXI - Memoria del
Seminario (November 1999), volume I, San José of Costa Rica, Inter-American Court of Human Rights, 2001,
pp. 3-68.
19
.
M. Sorensen, Les sources du droit international, Copenhague, Munksgaard, 1946, pp. 13-14 and
254. - It is always good to recall such lucid considerations, as the study of Law nowadays tends to be reduced
to a mere reading of positive law. The positivists, in the domain of Law, and the so-called "realists", in the field
of social sciences, have shown themselves indifferent to concerns such as the ones pointed out herein, and
invariably subservient to power (to the established order in a given historical moment), disclosing a
regrettable intellectual cowardice.
20
.
Just as darkness falls when light vanishes, likewise the first ray of light emerge out of the last
shadows of obscurity.
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