institutional framework is to promote and defend human rights, 53 the Court must apply and
interpret the Convention in cases brought before it, 54 and it falls to the States to amend it if
they believe necessary.55 The system will remain strong and continue to develop if each one
fulfills the specific duties assigned to it.
Eduardo Vio Grossi
Judge
Pablo Saavedra Alessandri
Registrar
Introductory sentence of Article 41 of the Convention: “The main function of the Commission shall be to promote
respect for and defense of human rights.”
53
Art. 62(3) of the Convention: “The jurisdiction of the Court shall comprise all cases concerning the interpretation and
application of the provisions of this Convention that are submitted to it, provided that the States Parties to the case
recognize or have recognized such jurisdiction, whether by special declaration pursuant to the preceding paragraphs,
or by a special agreement.”
Art. 76 of the Convention: 1. Proposals to amend this Convention may be submitted to the General Assembly for
the action it deems appropriate by any State Party directly, and by the Commission or the Court through the Secretary
General. 2. Amendments shall enter into force for the States ratifying them on the date when two-thirds of the
States Parties to this Convention have deposited their respective instruments of ratification. With respect to the
other States Parties, the amendments shall enter into force on the dates on which they deposit their respective
instruments of ratification.”
Art. 39 of the Vienna Convention on the Law of Treaties: “General rule regarding the amendment of treaties. A treaty
may be amended by agreement between the parties. The rules laid down in Part II apply to such an agreement
except insofar as the treaty may otherwise provide.”
55
20
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