18
which Mexico has questioned this jurisdiction, the Court has explained the reasons that
led it to reaffirm its jurisprudence in the matter.
*
*
*
77.
The foregoing leads to the conclusion that the combination of the systematic and
teleological interpretations, the application of the principle of effectiveness, added to
the sufficiency of the literal criterion in this case, allow the Court to ratify its
compulsory jurisdiction as regards examining violations of Article 7 of the Convention
of Belém do Pará.
2.
The Court’s lack of jurisdiction in relation to Articles 8 and 9 of
the Convention of Belém do Pará
78.
The Inter-American Commission did not allege that the Court had contentious
jurisdiction with regard to Articles 8 and 9 of the Convention of Belém do Pará.
However, the representatives referred to this jurisdiction, taking into account the
“direct relationship” of Article 9 with Article 7 of that Convention, based on a “pro
personae interpretation” of Article 12 and on the principle of effectiveness. They added
that the Court should “consider the two Articles together in order to examine the
alleged violations.”
79.
The Court finds that the systematic and teleological criteria are insufficient to
give them preference over what is clearly indicated by the literal meaning of Article 12
of the Convention of Belém do Pará, which establishes that the petition system shall
relate exclusively to possible violations of Article 7 of the Convention. In this regard,
the Court underscores that the principle of the most favorable interpretation cannot be
used as a basis for an inexistent normative principle; in this case, the integration of
Articles 8 and 9 into the literal meaning of Article 12. And this is despite the fact that
the different Articles of the Convention of Belém do Pará may be used to interpret it
and other pertinent Inter-American instruments.
*
*
*
80.
Based on the foregoing, the Court decides to partially accept the preliminary
objection filed by the State and, consequently, to declare that: (a) it has compulsory
jurisdiction rationae materiae to examine violations of Article 7 of the Convention of
Belém do Pará, and (b) it does not have compulsory jurisdiction rationae materiae to
examine alleged violations of Articles 8 and 9 of this international instrument.
V
JURISDICTION
81.
Under Article 62(3) of the Convention, the Inter-American Court has jurisdiction
to hear this case, because Mexico has been a State Party to the American Convention
since March 24, 1981, and accepted the compulsory jurisdiction of the Court on
December 16, 1998. Furthermore, the State ratified the Convention of Belém do Pará
on November 12, 1998.