3
d) lack of access to information regarding the fate of the
disappeared victims and of the executed person – violation of the
rights to freedom of thought and expression (article 13), in regard to the
obligation to respect rights recognized by the Convention (Article 1(1)), to
the detriment of the next of kin of the disappeared victims and of the
executed person, and
e) lack of access to justice, to the truth, and to information –
violation of the right to personal integrity (Article 5), in regard to the
obligation to respect rights recognized by the Convention (Article 1(1)), to
the detriment of the next of kin of the disappeared and of the executed
person, for the violation and suffering caused by the impunity of those
responsible.
II.
SUPREME COURTS AND THE INTER-AMERICAN COURT OF HUMAN
RIGHTS – CONSTITUTIONAL CONTROL AND CONVENTIONALITY
CONTROL
4.
Continuing with the brief incursion regarding current relevant topics, if
supreme courts or national constitutional tribunals are incumbent upon
constitutional control and of having the last word within the internal legal frame
of the States, the conventionality control is incumbent upon the Inter-American
Court of Human Rights as well of having the last word on issues regarding human
rights. This is what results from formally recognizing the jurisdictional
competence of the Court, by a State, which is what has been done by Brazil.419
5.
For all States of the American Continent, which have willingly adopted it,
the Convention420 is the equivalent to a supranational Constitution pertaining to
Human Rights. All public powers and national spheres, as well as the respective
Federal, state and municipal legislatures of all adherent States are under
obligation to respect it and conform it.
III.
ADAPTATION OF DOMESTIC
AMERICAN CONVENTION
6.
LAW
TO
THE
NORMS
OF
THE
National Constitutions must be interpreted, or if necessary, even amended
to maintain a harmony with the Convention and with the jurisprudence of the
Inter-American Court of Human Rights. In accordance with Article 2 of the
Convention, States Parties undertake to adopt measures to eliminate those legal
norms and practices of any sort that would violate it; conversely, they also
419
The acknowledgment of the jurisdiction was made by Brazil on December 10, 1998 and notes
that “[t]he Brazil declares that it recognizes, for an undefined period, as binding, ipso facto, the
jurisdiction of the Inter-American Court of Human Rights, in all of the cases related to the
interpretation and application of the American Convention on Human Rights, pursuant to Article 62 of
the same, under the reservation of reciprocity, and for facts subsequent to this Declaration.” Cf. B32: American Convention on Human Rights. 4. Brazil. Recognition of jurisdiction of the Court.
Available at http://www.cidh.oas.org/Basicos/Portugues/d.Convencao_Americana_Ratif..htm Last
access on October 4, 2010.
420
Adopted in San Jose, Costa Rica, in the framework of the Organization of American States
due to the Inter-American Specialized Conference on Human Rights, on November 22, 1969, entered
into international force on July 18, 1978. Brazil acceded on July 9, 1922, and ratified it on September
25, 1992.
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