3 individual’s rights against abuses of public power, submit all and any abuse of all individual rights to the judgment of the Judicial Power in the scope of domestic law. 4 8. In summary, the original enshrinement of the right to an effective recourse before the national competent judges or courts in the American Declaration (Article XVIII) was transplanted to the Universal Declaration (Article 8), and, from the latter, to the European and American Conventions on Human Rights (Articles 13 and 25, respectively), as well as to the Pact of Civil and Political Rights of the United Nations (Article 2(3)). Article 8 of the Universal Declaration, and the corresponding stipulations in the treaties of human rights in force, such as Article 25 of the American Convention, establish the State’s duty to provide adequate and efficient internal recourses; I have always stated that said duty is in fact a basic mainstay not only of said treaties but also of any rule of law itself in a democratic society, and its correct application seeks to perfect the administration of justice (material and not only formal) at a national level. 9. Additionally, this key-provision is intimately linked to the general obligation of the States, also enshrined in the human rights treaties, to respect the rights included in them, and ensure the free and complete exercise of the same to all the people under their corresponding jurisdictions.5 It is also linked to the guarantees of the due process of law (Article 8 of the American Convention)6, in the sense that it assures access to justice. Thus, through the enshrinement of the right to an effective recourse before the national competent judges and courts, of the guarantees of the due process, and of the general obligation to guarantee the protected rights, the American Convention (Articles 25, 8, and 1(1)), and other human rights treaties, attribute protective functions to the domestic law of the States Parties. 10. It is important that the jurisprudential advances in this sense, reached by the Inter-American Court of Human Rights up to the present, be preserved and even further developed in the future, -and never stopped through a disintegrating hermeneutics, - in benefit of the people protected by them. The relevance of the duty of the States in providing adequate and efficient internal recourses must never be minimized. The right to an effective recourse before the national competent judges or courts within the scope of judicial protection – to which the Universal Declaration of 1948 have worldwide projection – is much more relevant than what was recently thought. The duty of the States Parties to provide those recourses in the scope of their own domestic law and of ensuring all persons under their jurisdictions the guarantee of the free and complete exercise of all the rights enshrined in the human rights treaties, as well as all the guarantees of the due process of law, assume a special importance 4 Cf. A. Verdoodt, Naissance et signification de la Déclaration Universelle des Droits de l'Homme, Louvain, Nauwelaerts, [1963], pp. 116-119; A. Eide et alii, The Universal Declaration of Human Rights - A Commentary, Oslo, Scandinavian University Press, 1992, pp. 124-126 e 143-144; R. Cassin, "Quelques souvenirs sur la Déclaration Universelle de 1948", 15 Revue de droit contemporain (1968) n. 1, p. 10; R. Cassin, "La Déclaration Universelle et la mise en oeuvre des droits de l'homme", 79 Recueil des Cours de l'Académie de Droit International de La Haye (1951) pp. 328-329. 5 American Convention on Human Rights, Article 1(1); European Convention on Human Rights, Article 1; Pact of Civil and Political Rights of the United Nations, Article 2(1). 6 On the judicial protection and the guarantees of the due process of law according to the American Convention, cf. A. A. Cançado Trindade, "The Right to a Fair Trial under the American Convention on Human Rights", in The Right to Fair Trial in International and Comparative Perspective (ed. A. Byrnes), Hong Kong, University of Hong Kong, 1997, pp. 4-11; A.A. Cançado Trindade, "Judicial Protection and Guarantees in the Recent Case-Law of the Inter-American Court of Human Rights", in Liber Amicorum in Memoriam of Judge J.M. Ruda, The Hague, Kluwer, 2000, pp. 527-535.