B. Considerations of the Court
134. The Court has held that Article 25(1) of the Convention obligates the States Parties to
guarantee to all persons under their jurisdiction protection against acts that violate their
fundamental rights.148 The Court has pointed out that, under the terms of Article 25, the State
has two specific obligations. The first, to embody in their legislation and to ensure the due
application of effective recourses before the competent authorities that protect all persons
within its jurisdiction against acts that violate their fundamental rights or that lead to the
determination of their rights and obligations. The second, to guarantee effective mechanisms
to enforce the definitive decisions and judgments issued by those competent authorities so
that the declared or recognized rights are effectively protected.149 The right established in
Article 25 is closely related to the general obligation contained in Article 1(1) of the Convention
in that it assigns functions of protection to the States Parties through their domestic law. The
State, therefore, has the responsibility not only to design and enact into law effective
recourses, but also to ensure the due application of such recourses by the judicial
authorities.150
135. With specific reference to the effectiveness of the recourse, the Court has stated that
the protection granted by the article is the real possibility of access to a judicial remedy so
that the competent authority, with authority to issue a binding decision, determines whether
there has been a violation of a right claimed by the person filing the action. In the event that
a violation has been found, the remedy must be able to restore to the person the enjoyment
of his or her right and to redress it.151 This does not imply that the effectiveness of the
recourse should be evaluated on whether it produces a result favorable to the complainant.152
Those recourses that, because of the general conditions in the country or even due to the
particular circumstances of a given case, are illusory cannot be considered effective.153 This
may occur, for example, when their lack of effectiveness has been demonstrated in practice
due to a lack of means to implement decisions or for any other situation that results in the
denial of justice. Thus, the process should lead to the materialization of the protection of the
right recognized in the judicial ruling through the proper application of that ruling.154
136. As to the requirements for the appropriateness of a judicial complaint, the Court has
stated that for reasons of legal security, for the proper and functional administration of justice
and the effective protection of the rights of the individual, States may and should establish
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary Objections. Judgment of June 26, 1987. Series C
No. 1, para. 91 and Case of Rico v. Argentina, para. 88.
148
Cf. Case of Baena Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003. Series C No. 104,
para. 79 and Case of Muelle Flores v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of March
6, 2019. Series C No. 375, para. 123.
149
Cf. Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, para. 83, Case
of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series C
No. 63, para. 237 and Case of Favela Nova Brasilia v. Brazil. Preliminary Objections, Merits, Reparations and Costs.
Judgment of February 16, 2017. Series C No. 333, para. 234.
150
Cf. Case of Rico v. Argentina. Preliminary Objection and Merits. Judgment of September 2, 2019. Series C
No. 383, para. 88, Advisory Opinion OC-9/87, para. 24; Case of Castañeda Gutman v. Mexico. Preliminary Objections,
Merits, Reparations and Costs. Judgment of August 6, 2008. Series C No. 184, para. 100 and Case of the Kichwa
Indigenous People of Sarayaku v. Ecuador. Merits and Reparations. Judgment of June 27, 2012. Series C No. 245,
para. 261.
151
152
Cf. Case of Velásquez Rodríguez v. Honduras, para. 67 and Case of Rico v. Argentina, para. 88.
Cf. Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Judgment of February 6, 2001. Series
C No. 7, para. 137 and Case of Álvarez Ramos v. Venezuela. Preliminary Objection, Merits, Reparations and Costs.
Judgment of August 30, 2019. Series C No. 380, para. 184.
153
Cf. Case of Las Palmeras v. Colombia. Reparations and Costs. Judgment of November 26, 2002. Series C
No. 96, para. 58; Case of Baena Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003. Series C
No. 104, para. 73 and Case of Colindres Schonenberg v. El Salvador. Merits, Reparations and Costs. Judgment of
February 4, 2019. Series C No. 373, para. 101.
154
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