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.
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