55
140. A customary principle of international law establishes that a State that has
ratified a human rights treaty must make such amendments to its domestic
legislation as may be necessary to ensure full compliance with the obligations
undertaken.103
141. Pursuant to Article 2 of the American Convention, the States Party are under
the obligation to adopt, pursuant to their constitutional procedures and the
provisions of this Convention, such legislative or other measures as may be
necessary to make those rights and liberties, protected under said Convention,
effective.
142. The Court has pointed out several times before that this provision places the
States Party under the general obligation to adjust their domestic legislation to the
provisions of the Convention itself, to thus guarantee the rights enshrined in the
Convention. Domestic legal provisions to this end must be effective (the principle of
effet utile), which means that the State must adopt such measures as may be
necessary for actual compliance with what is set forth in the Convention.
143. The general duty set forth in Article 2 of the American Convention requires
adoption of two types of measures: on the one hand, elimination of all kinds of
provisions and practices that breach guarantees set forth in the Convention; on the
other hand, adoption of provisions and development of practices that lead to
effective observance of said guarantees.104
144. In the framework of the general obligation set forth in Article 2 of the
Convention, the Court accepts the terms of the agreement among the parties to
constitute a consultation mechanism, “with the aim, as appropriate, of adjusting and
modernizing domestic provisions with respect to matters pertaining to [detention
conditions for children], for which purpose experts and other civil society
organizations will be summoned,” to propose to the appropriate bodies provisions
aiming to update and modernize domestic provisions.
*
*
*
145. Furthermore, as it has ordered several times before,105 the Court finds that,
as a measure of satisfaction, the State must publish in the Official Gazette, once
only, chapter VI and the operative part of the instant Judgment.
XIII
LEGAL COSTS AND EXPENSES
Arguments of the representatives of the next of kin of the victim
103
Cf. “Five Pensioners” Case, supra note 4, para. 164; Cantos Case, supra note 6, para. 59; and
Hilaire, Constantine and Benjamin et al. Case, supra note 5, para. 111.
104
Cf. “Five Pensioners” Case, supra note 4, para. 165; Cantos Case, supra note 6, para. 61; and
Hilaire, Constantine and Benjamin et al. Case, supra note 5, para. 113.
105
Cf. Juan Humberto Sánchez Case, supra note 4, para. 188; Las Palmeras Case, Reparations,
supra note 5, para. 75; and El Caracazo Case, Reparations, supra note 5, para. 128.
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