24 65. Upon the United Mexican States’ signing of the American Convention on Human Rights (1981) and upon accepting the contentious jurisdiction of the I/A Court of H.R. (1998), these international judgments must be complied with,87 and they take on a “definitive and unappealable” nature;88 without allowing for any domestic provision or judicial criteria to be alleged to justify the noncompliance, since the international pacts obligate the State party and its norms must be complied with, in the terms of Articles 26 and 27 of the Vienna Convention on the Law of Treatises,89 also signed by the State of Mexico. 66. In this manner, the “diffused control of conformity with the Convention” implies that all of the Mexican judges and bodies linked to the administration of justice at all levels that pertain to the Judicial Powers, independent of the level of hierarchy, grade or amount of specialization, are obligated, ex oficio, to carry out an exercise of compatibility between the domestic acts and norms and the American Convention on Human Rights, its additional protocols (and other international instruments), as well as the jurisprudence of the I/A Court of H.R., forming a “block of conventionality” in the terms analyzed.90 The foregoing is due to:91 (…)it is not only the suppression or expedition of domestic legal provisions that guarantee the rights contained in the American Convention. Pursuant to the obligation established in its Article 2 thereof, the State must also develop practices leading to the effective observance of the rights and freedoms embodied in the Convention. The existence of a norm does not, in and of itself, guarantee that its application will be adequate. It is necessary that the application of the norms or their interpretation, as jurisdictional practices and expressions of the State’s public order, must be adapted to the objective sought by Article 2 of the Convention. 92 In practical terms, as the Court has already established, the interpretation of Article 13 of the Mexican Constitution must be coherent with the constitutional and the treaty-based principles of due process and access to justice contained in Article 8(1) of the American Convention and the pertinent provisions of the Mexican Constitution. (underlining and highlighting added). 85 Supra note 23, para. 218 to 223. 86 Supra note 27, para. 225 to 235. 87 Article 68(1) of the American Convention on Human Rights: “The States Parties to the Convention undertake to comply with the judgment of the Court in any case to which they are parties.” 88 Article 67(1) of the American Convention on Human Rights: “The judgment of the Court shall be final and not subject to appeal. […]” 89 See these standards supra notes 77 and 78. 90 On the “block of comformity with the Convention” as a parameter of the “diffused control of conformity with the Convention,” see supra para. 44 to 52 of this concurring opinion. 91 Case of Rosendo Radilla Pacheco v, supra note 19, para. 338; Case of Fernández Ortega et al. v. México, supra note 22, para. 233; y Case of Rosendo Cantú et al. v. México, supra note 23, para. 218. 92 Cf. Case of Castillo Petruzzi et al. v. Perú, supra note 72, para. 207; Case of Ximenes Lopes v. Brazil, supra note 13, para. 83, and Case of Almonacid Arellano et al. v. Chile, supra note 13, para. 118.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos