83
violation of the guarantees established in the Convention, as well as the issuance of
rules and the development of practices leading to the effective enforcement of the said
guarantees.158
190. In light of the proven facts in this case, the Court must determine whether
Nicaragua restricted unduly the political rights embodied in Article 23 of the
Convention and whether there has been a violation of the equal protection embodied in
Article 24 thereof.
1)
Political rights in a democratic society
191. The Court has established that “[i]n a democratic society, the rights and
freedoms inherent in the human person, the guarantee applicable to them and the rule
of law form a triad,” in which each component defines itself, complements and
depends on the others for its meaning.159 When deliberating on the importance of
political rights, the Court observes that the Convention itself, in its Article 27, prohibits
their suspension as well as that of the judicial guarantees essential for their
protection.160
192. This Court has stated that “[r]epresentative democracy is the determining
factor throughout the system of which the Convention is a part,” and “a ‘principle’
reaffirmed by the American States in the OAS Charter, the basic instrument of the
inter-American system.”161 The political rights protected in the American Convention,
as well as in many international instruments,162 promote the strengthening of
democracy and political pluralism.
158
Cf. Case of Caesar, supra note 11, para. 91; Case of Lori Berenson Mejía, supra note 11, para. 219;
Case of the “Juvenile Reeducation Institute”, supra note 135, para. 206; and Juridical Condition and Rights
of the Undocumented Migrants, supra note 150, para. 78.
159
Cf. Juridical Condition and Human Rights of the Child, supra note 156, para. 92; Certain Attributes
of the Inter-American Commission on Human Rights (arts. 41, 42, 44, 46, 47, 50 and 51 American
Convention on Human Rights). Advisory Opinion OC-13/93 of July 16, 1993. Series A No. 13, para. 31;
Judicial Guarantees in States of Emergency, supra note 141, para. 35; and Habeas Corpus in Emergency
Situations (arts. 27(2), 25(1) and 7(6) American Convention on Human Rights). Advisory Opinion OC-8/87
of January 30, 1987. Series A No. 8, para. 26.
160
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.
161
Cf. the Word “Laws” in Article 30 of the American Convention on Human Rights, supra note 160,
para. 34.
162
These international instruments include: the Inter-American Democratic Charter (Articles 2, 3 and
6); the American Convention on Human Rights (Article 23); the American Declaration of the Rights and
Duties of Man (Article XX); the Universal Declaration of Human Rights (Article 21); the International
Covenant on Civil and Political Rights (Article 25); the International Convention on the Elimination of All
Forms of Racial Discrimination (Article 5(c)); the International Convention on the Protection of the Rights of
All Migrant Workers and Members of their Families (Article 42); the Convention on the Elimination of All
Forms of Discrimination against Women (Article 7); the Convention on the Political Rights of Women (Articles
I, II and III); the United Nations Declaration on the Elimination of All Forms of Racial Discrimination (Article
6); the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or
Linguistic Minorities (Articles 2 and 3); International Labour Organization (ILO) Convention No. 169
concerning Indigenous and Tribal People (Article 6); Proclamation of Teheran, International Human Rights
Conference at Teheran, May 13, 1968 (para. 5); Vienna Declaration and Programme of Action, World
Conference on Human Rights, June 14 to 25, 1993 (I.(8) I(18), I(20), II(B)(2)(27)); Protocol No. 1 to the
European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 3); and the
African Charter on Human and People’ Rights “Banjul Charter” (Article 13).
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