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Article 2
Domestic Legal Effects
Where the exercise of any of the rights or freedoms referred to in Article 1 is not
already ensured by legislative or other provisions, the States Parties undertake to
adopt, in accordance with their constitutional processes and the provisions of this
Convention, such legislative or other measures as may be necessary to give effect
to those rights or freedoms.
178. According to Article 1 (1), any exercise of public power that violates the rights recognized
by the Convention is illegal. Whenever a State organ, official or public entity violates one of those
rights, this constitutes a failure of the duty to respect the rights and freedoms set forth in the
Convention.
179. This conclusion is independent of whether the organ or official has contravened provisions
of internal law or overstepped the limits of his authority: under international law a State is
responsible for the acts of its agents undertaken in their official capacity and for their omissions,
even when those agents act outside the sphere of their authority or violate internal law.
180. This principle suits perfectly the nature of the Convention, which is violated whenever
public power is used to infringe the rights recognized therein. If acts of public power that exceed
the State's authority or are illegal under its own laws were not considered to compromise that
State's obligations under the treaty, the system of protection provided for in the Convention
would be illusory.
181. Thus, in principle, any violation of rights recognized by the Convention carried out by an
act of public authority or by persons who use their position of authority is imputable to the State.
182. However, this does not define all the circumstances in which a State is obligated to
prevent, investigate and punish human rights violations, nor all the cases in which the State might
be found responsible for an infringement of those rights. An illegal act which violates human
rights and which is initially not directly imputable to a State (for example, because it is the act of
a private person or because the person responsible has not been identified) can lead to
international responsibility of the State, not because of the act itself, but because of the lack of
due diligence to prevent the violation or to respond to it as required by the Convention.
183. Violations of the Convention cannot be founded upon rules that take psychological factors
into account in establishing individual culpability. For the purposes of analysis, the intent or
motivation of the agent who has violated the rights recognized by the Convention is irrelevant -the violation can be established even if the identity of the individual perpetrator is unknown.
What is decisive is whether a violation of the rights recognized by the Convention has occurred
with the support of the acquiescence of the government, or whether the State has allowed the act
to take place without taking measures to prevent it or to punish those responsible. Thus, the
Court's task is to determine whether the violation is the result of a State's failure to fulfill its duty
to respect and guarantee those rights, as required by Article 1 (1) of the Convention.
184. The State has a legal duty to take reasonable steps to prevent human rights violations and
to use the means at its disposal to carry out a serious investigation of violations committed within
its jurisdiction, to identify those responsible, to impose the appropriate punishment and to ensure
the victim adequate compensation.
185. This duty to prevent includes all those means of a legal, political, administrative and
cultural nature that promote the protection of human rights and ensure that any violations are
considered and treated as illegal acts, which, as such, may lead to the punishment of those