32
122. Finally, the State argued that it did not violate Article 2 of the American Convention, given that
it had precise and specific laws regarding coercive measures to execute judicial decisions in relation
to pension safeguards for its former workers in the event of privatization.
A.2 Considerations of the Court
123. Regarding the right to judicial protection, under the terms of Article 25 of the Convention, it is
possible to identify two specific responsibilities of the State. The first one is that the States have the
obligation to embody in their legislation and ensure the application of effective remedies before the
competent authorities, which protect all persons subject to their jurisdiction from acts that violate
their fundamental rights or which lead to the determination of the latter’s rights and obligations.137
The second one requires the States to guarantee effective mechanisms to execute the decisions or
judgments delivered by the competent authorities, so that the rights declared or recognized are
effectively protected.138 This is because a judgment that is res judicata grants certainty as to the
right or dispute under discussion in the particular case and, therefore, its binding force is one of the
effects thereof.139 The contrary would imply the denial of this right.140
124. In this regard, Article 25(2)(c) of the Convention requires States to “ensure that the competent
authorities shall enforce such remedies when granted.”
125. The Court has indicated that the State’s responsibility does not end when the competent
authorities issue a decision or judgment, but that it also requires the State to guarantee effective
means and mechanisms to execute final decisions, so that the rights declared are effectively
protected.141 Likewise, this Court has established that the full effectiveness of judgments depends on
their execution. The process should lead to the materialization of the protection of the right
recognized in the judicial ruling.142
126. The Court considers that the implementation of judgments should be governed by those specific
standards that enable the realization of the principles of, inter alia, judicial protection, due process,
legal certainty, judicial independence and the rule of law. The Court has also indicated that in order
to achieve the full effectiveness of a judgment, its implementation should be complete, perfect, and
comprehensive and without delay.143
Cf. 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, supra, para. 234.
138
Cf. Case of Baena Ricardo et al. v. Panama. Jurisdiction. Judgment of November 28, 2003. Series C No. 104, para. 79, and
Case of Favela Nova Brasilia v. Brazil, supra, para. 234.
139
Cf. Case of Acevedo Jaramillo et al. v. Peru, supra, para. 167, and Case of the Garifuna Community of Punta Piedra and its
Members v. Honduras. Preliminary objections, merits, reparations and costs. Judgment of October 8, 2015. Series C No.304,
para.248.
140
Cf. Case of Cantos v. Argentina. Merits, reparations and costs. Judgment of November 28, 2002. Series C No. 97, para. 54,
and Case of the Garifuna Community of Punta Piedra and its Members v. Honduras, supra, para. 244.
141
Cf. Judicial Guarantees in States of Emergency (Arts. 27(2), 25 and 8, American Convention on Human Rights).
Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 24; Case of Acevedo Jaramillo et al. v. Peru, supra, para.
220, and Case of Cuscul Pivaral et al. v. Guatemala, supra, para. 169.
137
142
Cf. Case of Baena Ricardo et al. v. Panama. Jurisdiction, supra, para. 73, and Case of Colindres Schonenberg v. El
Salvador, supra, para.101.
143
Cf. Case of Mejía Idrovo v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of July 5, 2011.
Series C No. 228, para. 105, and Case of the Garifuna Community of Punta Piedra and its Members v. Honduras, supra, para.
244.