33
The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and
full exercise of those rights and freedoms, without any discrimination for reasons of
race, color, sex, language, religion, political or other opinion, national or social origin,
economic status, birth, or any other social condition.
84.
While Article 2 of the Convention establishes that:
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in
accordance with their constitutional processes and the provisions of this Convention,
such legislative or other measures as may be necessary to give effect to those rights or
freedoms.
85.
The Court has indicated that the general obligations of the State, established
in Article 2 of the Convention, include the adoption of measures to suppress laws and
practices of any kind that imply a violation of the guarantees established in the
Convention, and also the adoption of laws and the implementation of practices
leading to the effective observance of the said guarantees.20
86.
The Court observes that, in accordance with the findings of this judgment, the
State violated Article 13 of the American Convention to the detriment of Juan Pablo
Olmedo Bustos, Ciro Colombara López, Claudio Márquez Vidal, Alex Muñoz Wilson,
Matías Insunza Tagle and Hernán Aguirre Fuentes, because it has failed to comply
with the general obligation to respect the rights and freedoms recognized in the
Convention and to guarantee their free and full exercise, as established in its Article
1(1).
87.
In international law, customary law establishes that a State which has ratified
a human rights treaty must introduce the necessary modifications to its domestic law
to ensure the proper compliance with the obligations it has assumed. This law is
universally accepted, and is supported by jurisprudence.21 The American Convention
establishes the general obligation of each State Party to adapt its domestic law to
the provisions of this Convention, in order to guarantee the rights that it embodies.
This general obligation of the State Party implies that the measures of domestic law
must be effective (the principle of effet utile). This means that the State must adopt
all measures so that the provisions of the Convention are effectively fulfilled in its
domestic legal system, as Article 2 of the Convention requires. Such measures are
only effective when the State adjusts its actions to the Convention’s rules on
protection.
88.
In this case, by maintaining cinematographic censorship in the Chilean legal
system (article 19(12) of the Constitution and Decree Law 679), the State is failing
to comply with the obligation to adapt its domestic law to the Convention in order to
make effective the rights embodied in it, as established in Articles 2 and 1(1) of the
Convention.
89.
This Court recalls that on January 20, 1997, the Court of Appeal of Santiago
delivered a judgment in this case, which was confirmed by the Supreme Court of
Justice of Chile on April 19, 1997. Because it did not agree with the grounds for
20
21
cf. Durand and Ugarte case. Judgment of August 16, 2000. Series C. No. 68, para. 137.
cf. “principe allant de soi”; Echange des populations grecques et turques, advisory opinion 1925,
C.P.J.I., series B, no. 10, p. 20; and Durand and Ugarte case, supra note 20, para. 136.