particular circumstances of the case must be examined and whether the obligation to
guarantee rights has been met. 39
45.
At the same time, the Court has pointed out that Article 2 of the Convention establishes
the general duty of the States Parties to adapt their domestic laws to the provisions of the
Convention in order to guarantee the rights enshrined therein. This duty implies the adoption
of two kinds of measures: on the one hand, the elimination of rules and practices that in any
way violate the guarantees provided for under the Convention; on the other hand, the
promulgation of norms and the development of practices conducive to the effective
observance of those guarantees. 40 Indeed, with regard to the adoption of such measures, this
Court has recognized that all the authorities of States Parties to the Convention have an
obligation to exercise a control of conventionality, so that the interpretation and application
of national law is consistent with their international human rights obligations. 41
46.
The Court recalls that, within the framework of its competencies, it is not for the Court
to determine the specific responsibility of individuals, but rather to establish whether States
are responsible for the violation of the human rights recognized in the Convention. 42 In this
regard, the Court has ruled on the State’s duty to regulate, supervise and oversee the practice
of dangerous activities by private companies that involve significant risks to the life and
integrity of persons under their jurisdiction. 43 Similarly, the Committee on Economic, Social
and Cultural Rights has indicated that States Parties must effectively prevent any impairment
of the economic, social and cultural rights in the context of business activities, and must
therefore adopt legislative, administrative and educational measures to ensure their effective
protection. 44
47.
Regarding the obligations of States with respect to business activities, the Court
considers it pertinent to emphasize that the Human Rights Council has adopted the “Guiding
Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect
and Remedy’ Framework” (hereinafter “Guiding Principles”). 45 In particular, the Court
highlights the three pillars of the Guiding Principles, together with the foundational principles
derived from these pillars, which are fundamental in determining the scope of the human
rights obligations of States and business enterprises: 46
Cf. Case of the Pueblo Bello Massacre v. Colombia. Judgment of January 31, 2006. Series C No. 140, para.
123, and Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus v. Brazil, supra, para. 117.
39
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs. Judgment of May 30, 1999. Series C
No. 52, para. 207, and Advisory Opinion OC-27/21, supra, para. 109.
40
Cf. Case of Radilla Pacheco v. Mexico. Preliminary objections, merits, reparations and costs. Judgment of
November 23, 2009. Series C No. 209, para. 340, and Advisory Opinion OC-27/21, supra, para. 109.
41
Mutatis mutandis, Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No.
35, para. 37, and Case of Mota Abarullo et al. v. Venezuela. Merits, reparations and costs. Judgment of November
18, 2020. Series C No. 417, para. 111.
42
43
Cf. Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus v. Brazil, supra, para. 118.
Cf. Committee on Economic, Social and Cultural Rights. General Comment No. 24 on State obligations under
the International Covenant on Economic, Social and Cultural Rights, in the context of business activities,
E/C.12/GC/24, August 10, 2017, para. 14.
44
45
Cf. Human Rights Council. Human Rights and Transnational Corporations and Other Business Enterprises.
A/HRC/17/31, July 6, 2011, Resolution 1.
46
Cf. Office of the United Nations High Commissioner for Human Rights (OHCHR). Guiding Principles on Business
and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, HR/PUB/11/04,
2011.
16