103. It is also essential to repeat that, if the Court persists in the direction adopted by this
judgment, the inter-American system of human rights as a whole could be seriously
constrained. And this is because very probably, on the one hand, it would not provide an
incentive, but rather the contrary, for the adhesion to the Convention of new States, or the
acceptance of the Court’s contentious jurisdiction by those who have not done so and, on the
other hand, the tendency of the States Parties to the Convention not to comply fully and
promptly with its rulings could be renewed or even increased. In sum, it would weaken the
principles of legal security and certainty, which, in the case of human rights, also benefit the
victims of their violation by ensuring compliance with the Court’s judgments because they are
solidly based on the undertakings sovereignly made by the States.
104. Regarding the last point, it should be recalled that, in practice and over and above any
theoretical consideration, the Court’s function is, in particular, to deliver judgments that reestablish as soon as possible respect for the human rights violated in any specific case. It is
not so sure that this is achieved with regard to violations of rights that were not considered
justiciable before the Court in the Convention, or when, rather than trying to decide the case
submitted to it, it would appear that the main concern has been to establish norms, rules or
standards of general application and not to specifically deliver judgment in a case and that,
based on this and on several judgments delivered in the same sense or in the same direction,
case law is consequently developed composed of several similar precedents.
Eduardo Vio Grossi
Judge
Pablo Saavedra Alessandri
Secretary
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