5
Furthermore, along the same lines, I allow myself to propose in this Separate Opinion,
that the language of Article 63(2) of the American Convention be amended to read as
follows:
“In cases of extreme gravity and urgency, and when necessary to avoid
irreparable damage to persons, the Court shall adopt such provisional measures as it
deems pertinent in matters it has under consideration. With respect to a case not yet
submitted to the Court, it may act at the request of the Commission or the alleged
potential victims.”
18.
Under the American Convention’s protection mechanism, the individual right to
petition shall achieve completeness when it can be exercised directly by the petitioners
before the Inter-American Court of Human Rights. Hence this proposal for amending
Article 62(1) of the Convention, and also Article 63(2), in certain circumstances
relating to Provisional Protection Measures. This, in my view, is entirely justified, even
more so when it comes to alleged situations of extreme gravity and urgency, where
there is a likelihood of irreparable damage to the human person.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra-Alessandri
Secretary
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