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the effectiveness of the relevant norms of the American Convention in the ambit of the
Peruvian domestic law. Nevertheless, as rightly pointed out by the Court in the present
Judgment on reparations (paragraph 76), it is not up to it to examine the extent of
such reforms, as those Decrees-Laws (although partly reformed) do not have a bearing
on the juridical situation of the victim, Mr. Luis Alberto Cantoral Benavides.
6.
There is an indissociability between the general duties of Articles 1.1 and 2 of
the American Convention and the duty of reparation set forth in Article 63.1 of this
latter. Such indissociability finds expression in the obligation of the State to take
positive measures of effective protection (effet utile) of the human rights of all persons
subject to their jurisdiction. Once established the international responsibility of the
State, the source (fons et origo) of which may rest on an internationally unlawful fact act or omission - (the adoption of a law, or a judicial sentence, or an administrative act,
or an omission of any of the State's Powers), the State at issue being under the duty to
put an end to the generated situation of violation, as well as, when appropriate, to
provide reparation for the consequences of the wrongful situation created3.
7.
It is thus clear that, not all that is legal in domestic law is so in the International
Law of Human Rights, and the State conduct ought to conform itself with the
conventional obligations of protection which bind the State Party to the human rights
treaty at issue. In any way, the Inter-American Court can, and ought to, decide that a
State Party to the American Convention is to leave without effects - according to the
measures of its domestic law - a sentence of a national tribunal (irrespective of the
hierarchy) incompatible with the Convention, - as it has done in the present Judgment
(resolutory point n. 4).
II.
The Forms of the Duty of Reparation.
8.
As to the second point (resolutory point n. 6), the Court has decided, in my view
correctly, that the State ought to grant the victim, Mr. Luis Alberto Cantoral Benavides,
the means to undertake and conclude his studies of university or superior level in a
center of recognized academic quality. The determination on the part of the Court, in
the present Judgment, of the damage to the project of life of the victim as well as of
the need to provide reparation for it, constitutes, in my understanding, a form of
satisfaction. As this Court has pointed out in its Judgment on reparations (of
27.11.1998) in the case of Loayza Tamayo versus Peru, the complaint of damage to the
project of life "is definitely not the same as the immediate and direct harm to a victim's
assets", but it rather seeks to fulfill "the full self-actualization of the person concerned"
(paragraph 147). And the Court added that the project of life
"is akin to the concept of personal fulfillment, which in turn is based on the options that an
individual may have for leading his life and achieving the goal that he sets for himself.
Strictly speaking, those options are the manifestation and guarantee of freedom. An
individual can hardly be described as truly free if he does not have options to pursue in life
and to carry that life to its natural conclusion. Those options, in themselves, have an
important existential value. Hence, their elimination or curtailment objectively abridges
freedom and constitutes the loss of a valuable asset, a loss that this Court cannot
disregard" (paragraph 148).
9.
In the public hearing before this Court on 06 September 2001, the victim, Mr.
Luis Alberto Cantoral Benavides, affirmed that "what I do want is to accomplish myself
3
.
Cf., to this effect, my Concurring Opinion in the case of Barrios Altos, concerning Peru (Merits,
Judgment of 14.03.2001).