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ARTICLE 27 (SUSPENSION OF GUARANTEES)22
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IN CONJUNCTION WITH ARTICLES 1 (OBLIGATION TO RESPECT RIGHTS) , 2 (DOMESTIC LEGAL
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EFFECTS) , 4 (RIGHT TO LIFE), 8.1 (JUDICIAL GUARANTEES) AND 25 (JUDICIAL PROTECTION) OF THE
AMERICAN CONVENTION
42.
On the grounds of the partial acknowledgement of responsibility made by the State, the
Tribunal considered that the State had acknowledged his responsibility for its failure to comply with
Article 27 of the American Convention (supra para. 16). Notwithstanding the foregoing, the Court
deems relevant to make some general comments and precisions regarding the said Article
concerning the context of the instant case as well as other alleged or acknowledged violations.
43.
Regarding the interpretation of Article 27 of the Convention, the Court has established that:
[t]he starting point for any legally sound analysis of Article 27 and the function it performs is the fact that
it is a provision for exceptional situations only. It applies solely "in time of war, public danger, or other
emergency that threatens the independence or security of a State Party." And even then, it permits the
suspension of certain rights and freedoms only "to the extent and for the period of time strictly required
by the exigencies of the situation." Such measures must also not violate the State Party's other
international legal obligations, nor may they involve "discrimination on the ground of race, color, sex,
language, religion or social origin”25.
44.
The facts of the instant case took place in a context in which some of the main cities in
Ecuador were affected by serious acts of delinquency which led to a climate of insecurity and
internal commotion. Faced with the said situation and within the framework of the National
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Article 27 (Suspension of Guarantees)
1.
In time of war, public danger, or other emergency that threatens the independence or security of a State
Party, it may take measures derogating from its obligations under the present Convention to the extent and for the
period of time strictly required by the exigencies of the situation, provided that such measures are not inconsistent
with its other obligations under international law and do not involve discrimination on the ground of race, color,
sex, language, religion, or social origin.
2.
The foregoing provision does not authorize any suspension of the following articles: Article 3 (Right to
Juridical Personality), Article 4 (Right to Life), Article 5 (Right to Humane Treatment), Article 6 (Freedom from
Slavery), Article 9 (Freedom from Ex Post Facto Laws), Article 12 (Freedom of Conscience and Religion), Article 17
(Rights of the Family), Article 18 (Right to a Name), Article 19 (Rights of the Child), Article 20 (Right to
Nationality), and Article 23 (Right to Participate in Government), or of the judicial guarantees essential for the
protection of such rights.
3.
Any State Party availing itself of the right of suspension shall immediately inform the other States Parties,
through the Secretary General of the Organization of American States, of the provisions the application of which it
has suspended, the reasons that gave rise to the suspension, and the date set for the termination of such
suspension.
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Article 1(1) (Obligation to Respect Rights)
1.
The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and
to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without
any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social
origin, economic status, birth, or any other social condition. […]
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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.
Cf. 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. 19.
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