124. (…) But when a State has ratified an international treaty such as the American Convention, its judges, as part of the State, are also bound by that treaty. This obliges them to ensure that the effects of the provisions embodied in the Convention are not impaired by the enforcement of laws which are contrary to its object and purpose, and which have had no legal effects from the outset. (…) 125. By the same token, the Court has established that “according to international law, the obligations that it imposes must be honored in good faith and domestic laws cannot be invoked to justify their violation.” This provision is embodied in Article 27 of the Vienna Convention on the Law of Treaties, 1969. (Underlining added). 59. The principles of international law relating to Good Faith and Effet Utile, which in turn involve the principle of Pacta Sunt Servanda, are the international foundations that ensure that States comply with international treaties, and have been constantly reiterated by the jurisprudence of the Inter-American Court in cases submitted to its jurisdiction, both in an advisory capacity, and in contentious cases. In Advisory Opinion 14/94, of December 9, 1994, on international responsibility for the promulgation and enforcement of laws in violation of the Convention, 74 the Inter-American Court has established the interpretive scope of Articles 1 75 and 2 76 of the American Convention on Human Rights. It considered that the obligation to issue the necessary measures to make effective the rights and liberties enshrined in said instrument, includes an obligation not to issue measures when these lead to violations, and also to adapt existing nonconventional norms, based on the general principle of international law that obligations must be carried out in “good faith” and that domestic law must not be invoked as a reason for non-compliance. This principle has been upheld by international courts such as the Permanent Court of International Justice and the International Court of Justice, and is also contained in Articles 26 77 and 27 78 of the Vienna Convention on the Law of Treaties. 60. The obligation to comply with conventional provisions applies to all national authorities and organs, regardless of whether they belong to the legislative, 74 Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts. 1 and 2 of the American Convention on Human Rights). Advisory Opinion OC14/94 of December 9, 1994. Series A No. 14 75 “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, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 76 “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.” 77 “Art. 26: Pacta sunt servanda. Every treaty in force is binding upon the parties to it and must be performed by them in good faith.” 78 “Art. 27. Internal law and observance of treatises. A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to Article 46.” 21

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