reviewed by a higher body. Accordingly, the reasoning of a decision and of certain administrative acts
allows the facts, reasons and laws on which the authority based its decision to be known, in order to
rule out any indication of arbitrariness. 175
155. With regard to Article 25(1) of the Convention, the Court has pointed out that this provision
requires the States Parties to guarantee, to all persons under their jurisdiction, an effective judicial
remedy against acts that violate their fundamental rights. 176 This presupposes that, in addition to the
formal existence of such remedies, they must ensure results or responses to violations of the rights
established in the Convention, the Constitution or the laws. The Court has stated that for a remedy to
exist it is not sufficient that it be formally established; rather, it must be truly effective in establishing
whether there has been a violation of human rights and in providing redress. This does not mean that
the effectiveness of a remedy is assessed based on whether it produces a favorable result for the
plaintiff. 177
156. Furthermore, the Court has repeatedly indicated that the different State authorities are obliged
to exercise an ex officio “conventionality control” between the domestic norms and practices and the
American Convention on Human Rights, within the framework of their respective competences and
the corresponding procedural rules. In this task, the domestic authorities must take into account not
only the treaty, but also the interpretation made of it by the Inter-American Court, which is the final
interpreter of the Convention. 178
157. With specific reference to the effectiveness of the remedy, the Court has held that the meaning
of the protection granted by Article 25 of the Convention is the real possibility of access to a judicial
remedy so that a competent authority with jurisdiction to issue a binding decision may determine
whether or not there has been a violation of a right claimed by the person filing the action. Likewise,
if a violation is found, the remedy must be useful to restore to the interested party the enjoyment of
his right and repair it. 179 Remedies which, because of the general conditions in the country, or even
the particular circumstances of a given case, are illusory, cannot be considered effective. 180 This may
occur, for example, when their uselessness has been demonstrated in practice, because the judiciary
lacks the means to enforce its judgments or because of any other situation that constitutes a denial
of justice. 181
158. As mentioned previously, in this case Sandra Pavez Pavez challenged the Vicariate’s decision
regarding her certificate of suitability through an appeal for protection against the same entity. Both
the Court of Appeals of San Miguel and the Supreme Court of Justice dismissed her appeal stating
that decisions by the authorities of the religious communities could not be subject to external
175
Cf. Case of Claude Reyes et al. v. Chile. Merits, reparations and costs. Judgment of September 19, 2006. Series C No. 151,
para. 122, and Case of Manuela et al. v. El Salvador, supra, para. 150.
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections, para. 91, and Case of Former Employees of the
Judiciary v. Guatemala, supra, para. 77.
176
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 Velásquez Rodríguez v. Honduras. Merits, para. 67, and
Case of Cordero Bernal v. Peru. Preliminary objection and merits. Judgment of February 16, 2021. Series C No. 421, para. 48.
177
178
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and costs. Judgment of
September 26, 2006. Series C No. 154, para. 124, and Case of Casa Nina v. Peru, supra, para. 139.
179
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, supra, 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.
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 Ríos Avalos et al. v. Paraguay. Merits, reparations and costs. Judgment of August 19, 2021. Series C
No. 429, para. 158.
180
181
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. Jurisdiction. Judgment of November 28, 2003. Series C No. 104, para. 73, and
Case of Martínez Esquivia v. Colombia. Preliminary objections, Merits and reparations. Judgment of October 6, 2020. Series C
No. 412, para. 130.
40