11 30. The Commission stated that it had not brought the case to the Court for the violations of the American Declaration noted in its Merits Report, and therefore would not express a view on this preliminary objection. 31. Representatives Vega and Sommer stated that although the Court’s “overarching” duty was to interpret and apply the Convention, this power could not be held as “exclusive jurisdiction,” which would run counter to the very scope of article 29(d) of the text. They added that when they made reference to the articles from the American Declaration, they were implicitly pointing to article 29(d), and the Court could weigh this using the principle of iura novit curia. Representatives De Vita and Cueto noted that the State’s argument was contradictory because, in their view, the State recognized that the Court did have jurisdiction. Finally, the Inter-American Defenders said that when the Court held up the Declaration as a source of international obligations, it was alluding to the legal instrument itself, which has come to be binding, such that a State’s failure to abide by the Declaration incurs clear international responsibility and stands as a violation of the principle of good faith in complying with the international obligations they freely assumed when they founded the Organization of American States. Therefore, the representatives asked that the preliminary objection ratione materiae raised by the Stated be rejected. B.2 Considerations of the Court 32. In keeping with articles 1(1),22 2,23 62(3),24 63(1)25 and 7726 of the American Convention, in principle the Court has jurisdiction to adjudge violations of the rights and freedoms protected by the Convention and its Protocols. Nonetheless, the representatives have asked the Court to hold the State responsible for alleged violation of several articles of the American Declaration, and their briefs of pleadings and arguments do not seek a finding on breach of article 29(d)27 of the Convention; therefore the Court must decide whether its jurisdiction ratione materiae empowers it sufficiently to find violation of the provisions of the Declaration. 22 Article 1. Obligation to Respect Rights: 1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms (…). 23 Article 2. Domestic Legal Effects: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 24 Article 62(3): The jurisdiction of the Court shall comprise all cases concerning the interpretation and application of the provisions of this Convention that are submitted to it, provided that the States Parties to the case recognize or have recognized such jurisdiction (…). 25 Article 63(1): If the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party. 26 Article 77: 1. In accordance with Article 31, any State Party and the Commission may submit proposed protocols to this Convention for consideration by the States Parties at the General Assembly with a view to gradually including other rights and freedoms within its system of protection. 2. Each protocol shall determine the manner of its entry into force and shall be applied only among the States Parties to it. 27 Article 29. Restrictions Regarding Interpretation: No provision of this Convention shall be interpreted as: (…) d. excluding or limiting the effect that the American Declaration of the Rights and Duties of Man and other international acts of the same nature may have.