4
c) furthermore, the Convention foresees other recourses for the protection of rights,
which I referred to supra 1, that provide more specific and detail procedural
safeguards. Each one of these "instrumental” media of protection has an inherent
entity, characteristic nature and possible separate application.
11. Inasmuch as it exists the possibility of conceptual delimitation between the broad
guarantee of access to justice provided for by Article 8(1) and the specific guarantee
that Article 25 offers to the fundamental rights through a procedural but also specific
media, attention should be paid, in each case and according to the facts submitted
before the Court, to which is the article of the Convention that has been infringed. It
could be Article 8 and 25 but it could happen that the violation is reduced to Article 8
only. In such a case, the protection of the Convention shall be unfolded over the
individual and protection shall be provided to the individual, paying attention to the
purpose of the Convention.
Sergio García Ramírez
Judge
Pablo Saavedra Alessandri
Secretary
Judge Medina Quiroga adhered to the present Opinion of Judge García Ramirez.
Cecilia Medina Quiroga, Judge;
Pablo Saavedra Alessandri
Secretary
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos