2
2.
The States Parties undertake:
a)
to ensure that any person claiming such remedy shall have his rights determined
by the competent authority provided for by the legal system of the state;
b)
to develop the possibilities of judicial remedy; and
c)
to ensure that the competent authorities shall enforce such remedies when
granted.
Moreover, the Court has declared the violation of Article 1(1) of the Convention
independently of other violations of other articles 2. In addition, the violation of Articles 8(1) and 25
has also been considered and declared autonomously, without considering them in relation to
Article 1(1) of the Convention3. In addition, the Court has applied Articles 8(1) and 25 in relation to
articles of the Convention other than Article 1(1)4.
Consequently, suggesting that the Court should consider that it cannot declare the
violation of Articles 8(1) and 25 independently, as an autonomous violation, but only in relation to
another substantive right which cannot be Article 1(1), is to affirm that the American Convention
does not protect the right to justice and would be an attempt to bestow on Articles 8(1) and 25 the
nature of general provisions, which would permeate the entire Convention just as Article 1(1), and
the result of this would be to denature the very content of Articles 8(1) and 25.
To change the Court’s case law on this issue, after the more than 20 years of
exercising its jurisdictional function, is confusing, in addition to being inappropriate and
unnecessary. It introduces an element of distortion in the deliberation of future cases.
Manuel E. Ventura-Robles
Judge
Pablo Saavedra-Alessandri
Secretary
2
Cf. IACHR, Case of the “Street Children” (Villagrán-Morales et al.). Judgment of November 19, 1999. Series C No.
63.
Cf. IACHR, Case of Baena-Ricardo et al. Judgment of February 2, 2001. Series C No. 72; and ICHR, Case of Las
Palmeras. Judgment of December 6, 2001. Series C No. 90.
3
Cf. IACHR, Case of Servellón-García et al. Judgment of September 21, 2006. Series C No. 152; ICHR, Case of
Vargas-Areco. Judgment of September 26, 2006. Series C No. 155.
4