Convention, then it is not necessary to make an explicit amendment of them. Decisions that
entail State obligations to amend domestic laws should be founded on an evident and
irresolvable contradiction with the human rights established in the Convention. In any case, I
understand the Court’s purpose in simultaneously requiring that domestic law be interpreted
in keeping with the Convention and its case law, on the one hand, and the amendment of the
law, on the other, is based on consequential logic: If the domestic agents of justice understand
that the literal meaning of the domestic laws is contrary to the Convention in the terms
indicated in the Court’s judgment, it will be necessary to amend the laws.
23.
Ultimately, I believe that, in its decisions, the Court should favor the exercise of the
control of conventionality by the corresponding interpretation to avoid the delays inherent in
amendments to the law, which usually involve lengthy procedures and impede the prompt
application of the norms of the Convention and the standards established by the Court.
Humberto Antonio Sierra Porto
Judge
Pablo Saavedra Alessandri
Secretary
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