…any distinction, exclusion, restriction, or preference based on certain motives, such as race, color, gender, language, religion, a political or any other opinion, the national or social origin, property, birth or any other social condition, that seeks to annul or diminish the acknowledgment, enjoyment, or exercise, in 90 conditions of equality, of the human rights and fundamental freedoms to which every person is entitled. 82. The Court reiterates that while the general obligation of Article 1(1) refers to the State’s duty to respect and guarantee “without discrimination” the rights included in the American Convention, Article 24 protects the right to “equal protection before the law” 91. That is, Article 24 of the American Convention prohibits discrimination, by law or de facto, not only with regard to the rights enshrined in said treaty, but also in regard to all laws approved by the State and their application. In other words, if a State discriminates in the respect for or guarantee of a right contained in the Convention, it will be failing to comply with its obligation under in Article 1(1) and the substantive right in question. If, on the contrary, the discrimination refers to unequal protection by domestic laws, the fact must be analyzed in light of Article 24 of the American Convention.92 2. Sexual orientation as a category protected by Article 1(1) of the American Convention 83. The Court has established, as has the European Human Rights Court, that human rights treaties are living instruments, whose interpretation must go hand in hand with evolving times and current living conditions93 This evolving interpretation is consistent with the general rules of interpretation set forth in Article 29 of the American Convention, as well as those established in the Vienna Convention on the Law of Treaties.94 84. In this regard, when interpreting the words “any other social condition” of Article 1.1 of the Convention, it is always necessary to choose the alternative that is most favorable to the protection of the rights enshrined in said treaty, based on the principle of the rule most favorable to the human being95 85. According to Article 1(1) of the American Convention, the specific criteria by virtue of which discrimination is prohibited do not constitute an exhaustive or limitative list, but merely illustrative. Indeed, the wording of said article leaves open the criteria with the inclusion of the term “another social condition,” allowing for the inclusion of other categories that have not been explicitly indicated. Consequently, the Court should interpret the term “any other social condition” of Article 1.1 of the Convention in the context of the most 90 United Nations, Human Rights Committee, General Comment No. 18, Non-discrimination, November 10, 1989, CCPR/C/37, para. 6. 91 Cf. Advisory Opinion OC-4/84, supra note 83, paras. 53 and 54 and Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Judgment of October 13, 2011. Series C No. 234, para. 174. 92 Case of Apitz Barbera et al. (“Corte Primera Contencioso Administrativo”) v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 5, 2008. Series C No. 182, para. 209 and Case Barbani Duarte et al., supra note 91, para. 174. 93 Cf. The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law. Advisory Opinion OC-16/99, October 1, 1999. Series A No. 16, para. 114 and Case of the Mapiripán Massacre v. Colombia. Merits, Reparations and Costs. Judgment of September 15, 2005. Series C No. 134, para. 106. In the European Court see ECHR, Case of Tyrer v. United Kingdom, (No. 5856/72), Ruling of April 25, 1978, para. 31. 94 Cf. Advisory Opinion OC-16/99, supra note 93, para. 114 and Case of the Mapiripán Massacre v. Colombia, supra note 93, para. 106. 95 Cf. Compulsory Membership for Journalists (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5, para. 52, and Case of Mapiripán Massacre, supra note 93, para. 106. 29