2
4.
That was the first contentious case processed entirely under the Court’s new
Rules of Procedure (adopted on November 24, 2000, and in force since June 1,
2001), which granted the petitioners locus standi in judicio during all stages of the
proceedings before the Court. Now, a year and a half later, the Court’s Judgment in
the Case of the “Juvenile Reeducation Institute” underscores the significance of the
historic amendments that the Court introduced and that are now part of its current
Rules of Procedure (paragraphs 106, 119-120, and 125) to protect the individual’s
subjectivity [titularité] of protected rights by giving him locus standi in judicio in all
phases of contentious proceedings before the Court. The “Street Children” and
“Juvenile Reeducation Institute” cases are eloquent testimony of titularité, even in
the most adverse circumstances.
5.
As I underscored in my Concurring Opinion in the Case of the “Five
Pensioners”, the Court correctly held that "the consideration which ought to prevail is
that of the individuals being subjects of all the rights protected by the Convention, as
the true substantive complaining party, and as subjects of the International Law of
Human Rights." (paragraph 16). This was a "significant step forward taken by the
Court, since the adoption of its present Regulations" (para. 17) inasmuch as the
"assertion of the international juridical personality and capacity of the human being
fulfills a true need of the contemporary international legal order" (para. 23). I added
the following:
In fact, the assertion of that juridical personality and capacity constitutes the truly
revolutionary legacy of the evolution of the international legal doctrine in the second half
of the XXth century. The time has come to overcome the classic limitations of the
legitimatio ad causam in International Law, which have so much hindered its progressive
development towards the construction of a new jus gentium. An important role is here
being exercised by the impact of the proclamation of human rights in the international
legal order, in the sense of humanizing [it]: those rights were proclaimed as inherent to
every human being, irrespective of […] circumstances.4 The individual is a subject jure
suo of International Law, and to the recognition of the rights which are inherent to him
corresponds ineluctably the procedural capacity to vindicate them, at national as well as
international levels. (paragraph 24).
6.
More recently, in the case of the Gómez Paquiyauri Brothers vs. Peru
(Judgment of July 8, 2004), I followed the same line of reasoning and stressed the
point that the individuals’ titularité of all Convention-protected rights must trump all
other considerations, as individuals are the subjects of the International Law of
Human Rights” (para. 27). That development is a “direct consequence” of the step
forward that the Court took upon adoption of its current Rules of Procedure, the
fourth in its history. The amended Rules of Procedure grant individual petitioners
locus standi in judicio for all phases of the proceedings before the Court (para. 27).
Furthermore, as I have maintained in recent years, "we are in the midst of an
historical process of consolidating the individual’s emancipation vis-à-vis his own
State" (para. 28).
7.
Six years ago, in my Concurring Opinion on the Court’s Judgment in Castillo
Petruzzi et al. vs. Peru (Preliminary Objections, 1998), I described the “qualitative
advance” that was needed under the American Convention:
This means to seek to secure, not only the direct representation of the victims or their
relatives (locus standi) in the procedure before the Inter-American Court in cases
already forwarded to it by the Commission (...), but [also] the right of direct access of
4
IACtHR, Juridical Condition and Human Rights of the Child, August 28, 2002, Advisory Opinion OC17/02, operative paragraph 1, and Concurring Opinion of Judge A.A. Cançado Trindade, paragraphs 1-71.
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