3
11. The reasonable time for the conduct of a proceeding, the carrying out of an
action or the issuance of an order is a frequently issue dealt with in the case-law
of the Court. The Tribunal has made progress in regards to the reasonable term,
admitting the information provided for by the European case-law- complexity of
the matter, procedural behavior of the interested party (without placing the
burden on it, of course, for the responsibility of the delays or the hindrance in the
use of legal means of defense) and the behavior of the authorities (legal or of
other nature). The Court added a new reference to all that, to which I referred on
previous occasions: the consideration of the way in which the lapse of time
affects the right in question.
12. The Court has not encoded the issue of reasonable time only based on the time
elapsed – days, months or years-, considered in isolation. It is relevant to
consider the fact on the basis of the characteristics of the matter subjected to the
proceeding or decision. From here that, in several cases, including the instant
case, the Tribunal expressly associates the reference to such temporal
measurement with the material characteristics. Only in this way could we
appreciate whether the elapsed time is reasonable or not. Evidently, in some
cases, it is easy to note that a certain period of time for the processing of a case
is, clearly, excessive; especially, if we try to ponder a proceeding that should be,
by definition, simple and prompt, as required, for example, by Article 25 of the
American Convention. When this is verified with simplicity, it is noted by the
Court. In many cases, it is easy to note the need for States to reexamine the
procedural regulation and material application of those means of defense in order
for them to truly correspond to the provisions and purpose of Article 25.
IV.
Acquisition of rights
13. It is relevant to specify, so as to decide about certain violations, when one person
has "acquired" certain right, which must be recognized, respected and
guaranteed by the national government. Of course, I do not intend to reconsider
the old doctrine of acquired rights and legitimate expectations, but to define,
without loosing sight of the matter that I now examine, which are the legal
situations from which the entitlement to a right derives that, as from such
situations, such right may be claimed by an individual who “acquires” it and must
be recognized and protected by the State.
14. To this end, it is necessary to consider- as has been done in the Judgment to
which this opinion refers- the legal or procedural system that constitutes the legal
ground, by means of general rules that determine broad situations, such as the
particular action of the application of such system that recognizes or attributes
the right to an individual who satisfies the conditions provided for in the rule. As
from this double verification- that is, necessarily, among the facts of a
contentious case of this kind- it will be possible to establish that the individual
has turned into the person entitled to such right- for example, the right to
property- whose violation entails the State's responsibility.
V.
Progressive development of economic, social and cultural
rights
15. The victims’ representative gave rise to the consideration of the Court regarding
the progressive development of economic, social and cultural rights, as from the
change of the contributions covered to them and derived from the services