89
Article 1(1) is crucial to establish whether a violation of the human rights embodied in
the Convention can be attributed to a State Party. Said Article does in fact entail a
commitment by the States Party to the fundamental duties of respecting and ensuring
rights, so any abridgment of the human rights recognized by the Convention that may
be attributed, according to the rules of international Law, to actions or omissions by any
public authority constitutes an act attributable to the State, entailing its responsibility
under the terms set forth in this same Convention.
In accordance with Article 1(1) any form of exercising public authority that violates the
rights embodied in the Convention is unlawful. In this regard, any circumstances in
which a body or official of the State or of a public institution inappropriately abridges
one of said rights constitutes disregard for the duty to respect rights, enshrined in that
Article.
This conclusion is independent of whether the body or official acted contravening
domestic legal provisions or going beyond the limits of his own sphere of competence,
as it is a principle of International Law that the State is responsible for the acts of its
agents carried out in their official capacity and by their omissions, even if they act
outside the limits of their sphere of competence or in violation of domestic law.187
109.
This Court has likewise pointed out that
[t]he general duty under Article 2 of the American Convention entails taking steps in two
directions. On the one hand, eliminating all types of provisions and practices that involve
a violation of the guarantees set forth in the Convention. On the other hand, issuing
provisions and developing practices conducive to effective respect for said guarantees.188
110. In other words, the origin of the international responsibility of the State is
found in “acts or omissions by any authorities or bodies of the State, whatever their
hierarchical level, that violate the American Convention”189, and it is generated
immediately with the internationally unlawful act attributed to the State. To establish
that there has been an abridgment of the rights embodied in the Convention it is not
necessary to establish, as would be the case in domestic criminal law, the guilt of its
perpetrators or their intent, and it is also not necessary to individually identify the
agents deemed responsible for said abridgments.190 It is enough to prove that there
has been support or tolerance by public authorities in the infringement of the rights
embodied in the Convention191, or omissions that enabled these violations to take
place.
111. Said international responsibility may also be generated by acts of private
individuals not attributable in principle to the State. The States Party to the
187
See Case of the Gómez Paquiyauri Brothers, supra note 182, para. 72; Case of the “Five
Pensioners”. Judgment of February 28, 2003. Series C No. 98, para. 63; Juridical Condition and Rights of
the Undocumented Migrants. Advisory Opinion OC-18/03 of September 17, 2003. Series A No. 18, para.
76, and Case of Baena Ricardo et al., supra note 179, para. 178.
188
See Case of Lori Berenson Mejía, supra note 13, para. 219; and see Case of the “Juvenile
Reeducation Institute”, supra note 4, para. 206; Case of the “Five Pensioners”, supra note 187, para. 165.
189
See Case of the Gómez Paquiyauri Brothers, supra note 182, para. 71; Case of Juan Humberto
Sánchez, supra note 184, para. 142; Case of the “Five Pensioners”, supra note 187, para. 163.
190
See Case of the 19 Tradesmen. Judgment of July 5, 2004. Series C No. 109, para. 141; Case of
Maritza Urrutia. Judgment of November 27, 2003. Series C No. 103, para. 41, and Case of the “Street
Children” (Villagrán Morales et al.). Judgment of November 19, 1999. Series C No. 63, para. 75.
191
See Case of the 19 Tradesmen, supra note 190, para. 141; Case of Juan Humberto Sánchez,
supra note 184, para. 44, and Case of Cantos. Judgment of November 28, 2002. Series C No. 97, para.
28.
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