18
44.
It is also useful to recall that the literal interpretation method does not imply attributing the
ordinary meaning to a “provision,” as the Ruling does,101 but rather to “terms,”102 or “words,”103
something that is confirmed if we bear in mind the provision of the Vienna Convention that states,
“a special meaning shall be given to a term if it is established that the parties so intended.” 104
45.
To all the aforementioned points, we should add that the Ruling does not ponder the fact that
the Convention utilizes, as mentioned previously,105 the terms “recognized,” “rights established,”
“guaranteed,” “enshrined” or “protected” by or in the Convention, and that it also alludes to other
rights, namely, “economic, social and cultural rights,” that are “derived” from the standards of the
OAS Charter; those “recognized” by the laws of the States or other conventions and those “inherent
to the human being or that derive from a democratic representative form of government.”106
46.
In other words, it is important to note that the Ruling not only does not consider all the terms
transcribed in the “ordinary meaning to be given to [them]”, but also omits to refer to them. In other
words, it rules as though they were not used by the Convention.
47.
In view of the foregoing, we can argue that on this particular matter, and despite affirming
to the contrary, the Ruling does not follow the literal or textual approach or, therefore, the rule of
treaty interpretation concerning the terms; instead, it ultimately gives precedence to the functional
or teleological method over the literal or textual method of treaty interpretation and, of course, this
leads to an erroneous interpretation of Article 26 of the Convention.
B. Internal context – systematic interpretation
48.
In relation to the so-called “Internal context -systematic interpretation” in the Ruling (in the
case of Cuscúl Pivaral et al.), this really appears to refer to the subjective method of treaty
interpretation, contemplated in Article 31(2) of the Vienna Convention.
49.
In fact, the Ruling states that “the general obligations “to respect” and “to guarantee” rights,
together with the obligation relating to “domestic legal effects” of Article 2 of the Convention, apply
to all rights, whether civil and political, or economic, social, cultural and environmental” 107 and
consequently, “since States have an obligation to respect and guarantee the rights indicated in Article
26, in the terms of Article 1(1) of the Convention, the Court is competent to assess whether there
101
Para. 79 of the Ruling. [Case of Cuscúl Pivaral]
102
Footnote 53.
103
Diccionario de la Lengua Española, 2018.
104
Footnote 53.
105
Para. 33, d).
106
107
Idem.
Para. 83 of the Ruling. [Case of Cuscúl Pivaral]