However, it recognized that, before this measure became
effective, it corresponded to all the relevant officials to make an
interpretation in keeping with the obligations under international
law.
22. The formula adopted in the operative paragraphs reveals a
possible contradiction because, if it is possible to make an
interpretation of the laws that is in keeping with the Convention,
then it is not necessary to make an explicit amendment of them.
Decisions that entail State obligations to amend domestic laws
should be founded on an evident and irresolvable contradiction
with the human rights established in the Convention. In any
case, I understand the Court’s purpose in simultaneously
requiring that domestic law be interpreted in keeping with the
Convention and its case law, on the one hand, and the
amendment of the law, on the other, is based on consequential
logic: If the domestic agents of justice understand that the literal
meaning of the domestic laws is contrary to the Convention in
the terms indicated in the Court’s judgment, it will be necessary
to amend the laws.
23. Ultimately, I believe that, in its decisions, the Court should favor
the exercise of the control of conventionality by the
corresponding interpretation to avoid the delays inherent in
amendments to the law, which usually involve lengthy
procedures and impede the prompt application of the norms of
the Convention and the standards established by the Court.
Humberto Antonio Sierra Porto
Judge
Pablo Saavedra Alessandri
Secretary