person is acting within his or her capacity as a private entity. 150 Likewise, the most widely accepted
criterion in international law for determining the extent to which an act by a State body or a person
or entity empowered to exercise public authority can be attributed to the State, requires the
determination of whether the said act was executed as an exercise of authority or as an apparent
exercise of State authority. 151
108. It should also be reiterated that a violation of the human rights protected by the Convention
may entail the international responsibility of a State Party for a breach of the duty to respect contained
in Article 1(1) of the Convention, either because the violation is perpetrated by its own agents or –
although in principle not directly attributable to the State because it was committed by a private
individual - when the unlawful act was committed with the participation, support or acquiescence of
State agents.
109. Regarding the contents of Article 1(1) of the Convention, the Court has pointed out that the
obligation to guarantee implies the duty of the States Parties to organize the entire governmental
apparatus and, in general, all the structures through which public authority is exercised, in such a way
that they are capable of legally ensuring the free and full exercise of human rights. As a consequence
of this obligation, States must prevent any violation of the rights recognized by the Convention and,
in addition, seek the reestablishment, if possible, of the right violated and provide compensation as
warranted for the damage caused by the violation of human rights. 152
110. These obligations are also applicable to potential acts by non-State actors. Specifically, the
Court has indicated that the State’s international responsibility may arise from the attribution to it of
acts that violate human rights committed by third parties or individuals. 153 The erga omnes obligations
of States to respect and guarantee the norms of protection, and to ensure the effectiveness of rights,
project their effects beyond the relationship between their agents and the persons subject to their
jurisdiction, since they are manifested in the positive obligation of the State to adopt the necessary
measures to ensure the effective protection of human rights in relations amongst individuals. 154
111. In sum, and in accordance with the foregoing, in order to establish the international
responsibility of the State, the decisive factor is to determine whether a given violation of the human
rights recognized in the Convention has taken place with the support or acquiescence of the public
authorities, or whether the State has acted in such a way that the violation has been carried out in
the absence of any prevention. Thus, it is necessary to determine whether a human rights violation is
the result of the State’s failure to fulfill its duty to respect and guarantee the rights established in
Article 1(1) of the Convention. 155
112. In the instant case, the State of Chile considered that the action by the Vicariate for Education
in revoking the certificate of suitability of Sandra Pavez Pavez was not attributable to the State, since
150
Cf. Case of Villamizar Durán et al. v. Colombia, supra, para. 139, and Case of Women Victims of Sexual Torture in
Atenco v. Mexico, supra, para. 165.
Cf. Cf. Case of Villamizar Durán et al. v. Colombia. Preliminary objection, merits, reparations and costs. Judgment of
November 20, 2018. Series C No. 364, para. 140 and Articles on Responsibility of States for Internationally Wrongful Acts,
commentary to Article 7, UN Doc. A/56/10 (2001), para. 8.
151
152
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 166, Case of
Xucuru Indigenous People and their members v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of
February 5, 2018. Series C No. 346, para. 121, and Case of López Soto et al. v. Venezuela. Merits, reparations and costs.
Judgment of September 26, 2018. Series C No. 362, para. 147.
Cf. Case of the Pueblo Bello Massacre. Judgment of January 31, 2006. Series C No. 140. Para. 113, and Case of the
Displaced Afrodescendant Communities of the Río Cacarica River Basin (Operation Génesis) v. Colombia. Preliminary objections,
merits, reparations and costs. Judgment of November 20, 2013. Series C No. 270, para. 224.
153
154
Cf. Case of the “Mapiripán Massacre”. Judgment of September 15, 2005. Series C No. 134. para. 111, and Case of
Muelle Flores v. Peru. Preliminary objections, merits, reparations and costs. Judgment of March 6, 2019. Series C No. 375,
footnote 148.
155
Cf. Case of Velásquez Rodríguez v. Honduras, Merits, para. 173, and Case of López Soto et al. v. Venezuela. Merits,
reparations and costs. Judgment of September 26, 2018. Series C No. 362, para. 198.
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