83 violation of the guarantees established in the Convention, as well as the issuance of rules and the development of practices leading to the effective enforcement of the said guarantees.158 190. In light of the proven facts in this case, the Court must determine whether Nicaragua restricted unduly the political rights embodied in Article 23 of the Convention and whether there has been a violation of the equal protection embodied in Article 24 thereof. 1) Political rights in a democratic society 191. The Court has established that “[i]n a democratic society, the rights and freedoms inherent in the human person, the guarantee applicable to them and the rule of law form a triad,” in which each component defines itself, complements and depends on the others for its meaning.159 When deliberating on the importance of political rights, the Court observes that the Convention itself, in its Article 27, prohibits their suspension as well as that of the judicial guarantees essential for their protection.160 192. This Court has stated that “[r]epresentative democracy is the determining factor throughout the system of which the Convention is a part,” and “a ‘principle’ reaffirmed by the American States in the OAS Charter, the basic instrument of the inter-American system.”161 The political rights protected in the American Convention, as well as in many international instruments,162 promote the strengthening of democracy and political pluralism. 158 Cf. Case of Caesar, supra note 11, para. 91; Case of Lori Berenson Mejía, supra note 11, para. 219; Case of the “Juvenile Reeducation Institute”, supra note 135, para. 206; and Juridical Condition and Rights of the Undocumented Migrants, supra note 150, para. 78. 159 Cf. Juridical Condition and Human Rights of the Child, supra note 156, para. 92; Certain Attributes of the Inter-American Commission on Human Rights (arts. 41, 42, 44, 46, 47, 50 and 51 American Convention on Human Rights). Advisory Opinion OC-13/93 of July 16, 1993. Series A No. 13, para. 31; Judicial Guarantees in States of Emergency, supra note 141, para. 35; and Habeas Corpus in Emergency Situations (arts. 27(2), 25(1) and 7(6) American Convention on Human Rights). Advisory Opinion OC-8/87 of January 30, 1987. Series A No. 8, para. 26. 160 Cf. The Word “Laws” in Article 30 of the American Convention on Human Rights. Advisory Opinion OC-6/86 of May 9 1986. Series A No. 6, para. 34. 161 Cf. the Word “Laws” in Article 30 of the American Convention on Human Rights, supra note 160, para. 34. 162 These international instruments include: the Inter-American Democratic Charter (Articles 2, 3 and 6); the American Convention on Human Rights (Article 23); the American Declaration of the Rights and Duties of Man (Article XX); the Universal Declaration of Human Rights (Article 21); the International Covenant on Civil and Political Rights (Article 25); the International Convention on the Elimination of All Forms of Racial Discrimination (Article 5(c)); the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (Article 42); the Convention on the Elimination of All Forms of Discrimination against Women (Article 7); the Convention on the Political Rights of Women (Articles I, II and III); the United Nations Declaration on the Elimination of All Forms of Racial Discrimination (Article 6); the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities (Articles 2 and 3); International Labour Organization (ILO) Convention No. 169 concerning Indigenous and Tribal People (Article 6); Proclamation of Teheran, International Human Rights Conference at Teheran, May 13, 1968 (para. 5); Vienna Declaration and Programme of Action, World Conference on Human Rights, June 14 to 25, 1993 (I.(8) I(18), I(20), II(B)(2)(27)); Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 3); and the African Charter on Human and People’ Rights “Banjul Charter” (Article 13).

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