244. As this is the first contentious case before the Inter-American Court that is
substantially related to Article 6(1),354 the Court will provide a brief summary of the evolution
of the matter in international law to give content to the concepts of slavery, servitude, the
slave trade and traffic in women, and forced labor prohibited by the American Convention, in
light of the general rules of interpretation established in Article 29 of the Convention.355
245. On other occasions, both this Court356 and the European Court of Human Rights357
(hereinafter “the ECHR”) have indicated that human rights treaties are living instruments,
the interpretation of which must evolve with the times and current living conditions. This
evolutive interpretation is consequent with the general rules of interpretation recognized in
Article 29 of the American Convention, as well as those established by the Vienna Convention
on the Law of Treaties.
246. In this regard, the Court has affirmed that, when interpreting a treaty, not only should
the agreements and instruments formally related to it be taken into account (second
paragraph of Article 31 of the Vienna Convention), but also the system within which it is
inserted (third paragraph of Article 31 of this Convention).358 Thus, in order to issue an
opinion on the interpretation of the legal provisions in question, the Court will have recourse
to the Vienna Convention on the Law of Treaties, which establishes the general and
customary rules for the interpretation of international treaties,359 which entails the
simultaneous and joint application of good faith, the ordinary meaning to be given to the
terms of the treaty in their context, and the object and purpose of the treaty. Accordingly,
In the Case of the Río Negro Massacres v. Guatemala, the Court ruled on the violation of the prohibition of
servitude. However, in that case, the State acknowledged its international responsibility with regard to that violation,
among others.
354
In this regard, the Court points out that the preparatory work of the American Convention on Human Rights does
not provide a specific interpretation of the scope of the prohibition established in Article 6 of this instrument.
355
356
Cf. The Right to Information on Consular Assistance within the Framework of the Guarantees of Due Process of
Law. Advisory Opinion OC-16/99 of October 14, 1999. Series A No. 16, para. 114; and Case of Artavia Murillo et al.
(“In vitro fertilization”) v. Costa Rica. Preliminary objections, merits, reparations and costs Judgment of November
28, 2012. Series C No. 257, para. 245.
Cf. Case of the Ituango Massacres, para. 144. See also, ECHR, Case of Tyrer v. The United Kingdom, No. 5856/72,
Judgment of April 25, 1978, para. 31.
357
Cf. Case of the Ituango Massacres, para. 156. Similarly, The Right to Information on Consular Assistance within
the Framework of the Guarantees of Due Process of Law, para. 113, and Case of Artavia Murillo et al. (“In vitro
fertilization”), para. 191.
358
Cf. International Court of Justice, Case concerning sovereignty over Pulau Ligitan and Pulau Sipadan
(Indonesia/Malaysia), Judgment of December 17, 2002, para. 37, and International Court of Justice, Case of Avena
and Other Mexican Nationals (Mexico v. the United States of America), Judgment of March 31, 2004, para. 83.
359
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