8 access, stricto sensu, to the judicial instance (both domestic and international), but it also encompasses the right to the prompt response by the judicial system, and it underlies in interrelated regulations of the American Convention (as Articles 25 and 8), apart from permeating the domestic law of the States Party. 181 The right of access to justice, with its own legal content, means, lato sensu, the right to obtain justice. It is thus configured as the right to the realization of justice itself. One of the main elements of that right is precisely the direct access to a competent court through an effective and quick remedy, and the right to be immediately heard by said court – independent and unbiased – at both national and international level (Articles 25 and 8 of the American Convention). As I remarked in a recent work, here we can see a real right to Law, that is to say, the right to a legal system – both at national and international level – which effectively safeguards the fundamental rights of the human being”182 (paras. 6162). 21. Finally, in the same Separate Opinion in the case of Massacre de Pueblo Bello, I repeated my understanding in the sense that the right to Law constitutes a “jus cogens imperative:” "The inevitable dissociation between Articles 25 and 8 of the American Convention (supra) I support leads to characterize access to justice as part of the jus cogens, understanding said access as the complete realization of justice, that is, taking the intangibility of all legal guarantees in the sense of Articles 25 and 8 taken jointly as part of the jus cogens. There can be no doubt that the fundamental guarantees, common to International Human Rights Law and International Humanitarian Law,183 which are of universal vocation as they apply in all and every circumstance, form an imperative right (of the jus cogens scope), and entail erga omnes protection obligations.184 Subsequently to its historical Consultative Opinion No. 18 on the Legal Status and Rights of Undocumented Migrants of 2003, the Court could and should have already taken this other qualitative step in its jurisprudence. I dare cherish hope that the Court shall do so as soon as possible, if it really carries on with its vanguard jurisprudence, - instead of trying to refrain it, - and it may extend the progress attained with grounds and courage as with the above mentioned Consultative Opinion No. 18 in the line of constant expansion of the jus cogens material content” (paras. 64-65). . In that sense, cf. E.A. Alkema, "Access to Justice under the ECHR and Judicial Policy - A Netherlands View", in Afmaelisrit pór Vilhjálmsson, Reykjavík, Bókaútgafa Orators, 2000, pp. 21-37. 181 . A.A. Cançado Trindade, Tratado de Direito Internacional dos Direitos Humanos, vol. III, Porto Alegre/Brasil, S.A. Fabris Ed., 2002, chapter XX, p. 524, para. 187. 182 . E.g., Article 75 of Protocol I (of 1977) to the Geneva Convention (of 1949) on International Humanitarian Law. 183 . Cf., also in that sense, e.g., M. El Kouhene, Les garanties fondamentales de la personne en Droit humanitaire et droits de l'homme, Dordrecht, Nijhoff, 1986, pp. 97, 145, 148, 161 and 241. 184

Seleccionar párrafo de destino3