26.
The above must not lead to a confusion of the reparatory norms of, on the one
hand, the national courts and, on the other, an international court such as the
Inter-American Court of Human Rights. There is no norm of the Convention and
its Protocol that authorizes it to declare an autonomous violation of the right to
health in its individual dimension.
27.
In short, international tribunals should exercise their jurisdiction within the
framework set out in the pertinent treaties. Those juridical instruments
constitute their basis and also the limit of their actions. From a democratic
perspective, what has been expressed is coherent with due respect for the
domestic deliberative processes for the ratification of a treaty and for the type
of interpretation that international tribunals develop. This hermeneutic work is
exercised by respecting the standards of international, and not constitutional,
law.
Patricia Pérez Goldberg
Judge
Pablo Saavedra Alessandri
Registrar
6