4
The binding nature of the orders of the Court, accepted by the States Party,
entails a commitment under international law, pertaining to a treaty, that
cannot be obstructed by domestic provisions. Otherwise, mechanisms for
international protection of human rights, which the States have undertaken to
respect, would lose all effectiveness.
6.
As regards the duty to adjust domestic legislation to international standards,
there is no doubt that Argentina has included in its domestic legislation, even
granting them Constitutional status in certain cases, a large number of
international human rights provisions. The regulatory context that existed at
the time when the police illegally detained Walter David Bulacio has been
substantially modified.
Certainly one of the significant aspects yet pending in this regard is
adjustment to the Convention on the Rights of the Child, through adoption of
a juvenile criminal system that is in accordance with the requirements of said
Convention.
Nevertheless, probably the best way to ensure non-recidivism of events such
as those of the instant case, which unfortunately are not exceptional in
everyday Latin American life, is adoption of police practices that undertake
the commitment to respect human rights and judicial bodies that act as
conscientious guardians against any deviations.
Ricardo Gil-Lavedra
Judge ad hoc
Manuel E. Ventura-Robles
Secretary
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