- 21 - VIII FACTS 53. In this chapter, the Court will set out the relevant facts concerning: (A) the context in which the facts occurred; (B) the individual facts relating to the eleven women presumed victims in this case, and (C) the facts relating to the investigations conducted as a result of those facts. A. Context A.1 Preliminary considerations 54. Before analyzing the context, the Court wishes to emphasize that the facts of this case occurred in a democratic State. In this regard, the Court stresses that representative democracy is one of the pillars of the whole system of which the Convention forms part, and a principle reaffirmed by the States of the Americas in the OAS Charter, a fundamental instrument of the inter-American system.55 The OAS Charter, the constituent treaty of the organization of which Mexico is a State Party since November 23, 1948, establishes as one of its essential purposes “[t]o promote and consolidate representative democracy, with due respect for the principle of non-intervention.”56 55. The Court also considers it necessary to emphasize that, according to Article 28 of the American Convention, the so-called “Federal Clause,” “where a States Party is constituted as a federal state […] it shall implement all the provisions of the Convention over whose subject matter it exercises legislative and judicial jurisdiction.” In this regard, the Court has established clearly that “according to century-old case law, which has not varied to date, a State cannot argue its federal structure to cease to comply with an international obligation,”57 and that “international provisions that concern the protection of human rights in the States of the Americas, […] must be respected by the States of the Americas that are parties to the respective conventions, regardless of whether theirs is a federal or unitary structure.”58 Thus, the Court considers that the States Parties must respect and ensure all the rights recognized in the American Convention to all persons subject to their jurisdiction, without any limitations or Cf. The Word “Laws” in Article 30 of the American Convention on Human Rights. Advisory Opinion OC-6/86 of May 9, 1986. Series A No. 6, para. 34, and Case of López Lone et al. v. Honduras. Preliminary objection, merits, reparations and costs. Judgment of October 5, 2015. Series C No. 302, para. 149. 55 Article 2(b) of the Charter of the Organization of American States. Under the inter-American system, the relationship between human rights, representative democracy and political rights, in particular, is reflected in the Inter-American Democratic Charter, adopted in the first plenary session on September 11, 2001, during the Twenty-eighth OAS General Assembly. Articles 1, 2 and 3 of this instrument indicate: “Article 1: The peoples of the Americas have a right to democracy and their governments have an obligation to promote and defend it. Democracy is essential for the social, political, and economic development of the peoples of the Americas. Article 2: The effective exercise of representative democracy is the basis for the rule of law and of the constitutional regimes of the member states of the Organization of American States. Representative democracy is strengthened and deepened by permanent, ethical, and responsible participation of the citizenry within a legal framework conforming to the respective constitutional order. Article 3: Essential elements of representative democracy include, inter alia, respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government.” 56 Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C No. 39, para. 46, and Case of Garibaldi v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of September 23, 2009. Series C No. 203, para. 146. 57 The Right to Information on Consular Assistance within the Framework of the Guarantees of Due Process of Law. Advisory Opinion OC-16/99 of October 1, 1999. Series A No. 16, para. 140, and Case of Garibaldi v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of September 23, 2009. Series C No. 203, para. 146. 58

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