foundations for its rulings. It should not be overlooked that it is the Pact of San Jose itself that permits the inclusion “in this Convention’s protection system, other rights and freedoms recognized in accordance with Articles 76 and 77”, which has allowed for the approval of several “additional” Protocols to (the American Convention) and their interpretation by the Inter-American Court. The Pact also establishes as an interpretive norm that one cannot exclude or limit the effects of the American Declaration of the Rights and Duties of Man and “other international acts of the same nature." 57 46. Regarding this point, the thoughts expressed in the Concurring Opinion of Judge García Ramírez in the Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru are illustrative, specifically when analyzing the parameter of “conventionality control”: 58 In this case, when referring to “conventionality control” the Inter-American Court has considered the applicability and application of the American Convention on Human Rights, Pact of San Jose. However, the same function is deployed, for the same reasons, with regard to other instruments of a similar nature, which comprise the corpus juris contained in human rights conventions to which the State is a party: the Protocol of San Salvador, the Protocol to Abolish the Death Penalty, the Convention to Prevent and Punish Torture, the Convention of Belém do Pará on the Eradication of Violence against Women, the Convention on Forced Disappearance of Persons, etc. The idea is to ensure consistency between actions at the national level and the international commitments assumed by the State. (Underlining added). 47. The foregoing demonstrates that, in fact, the parameter of “diffuse conventionality control” not only includes the American Convention, but also its additional “Protocols,” as well as other international instruments that have been incorporated into the Inter-American corpus juris through the jurisprudence of the Inter-American Court. The purpose of its mandate, -as stated by the InterAmerican Court in a recent ruling,- “is the application of the Convention and of other treaties that grant it jurisdiction” 59 and, therefore, the interpretation of those treaties. 48. For the purposes of the parameter of “diffuse conventionality control”, the term “jurisprudence” should be understood to mean any interpretation by the Inter-American Court of the American Convention, its additional Protocols and other international instruments of the same nature that are incorporated into the Inter-American corpus juris, the Inter-American Court’s sphere of competence. It should not be forgotten “that human rights treaties are living instruments whose interpretation must consider the changes over time and present-day conditions.” 60 Indeed, in Advisory Opinion OC-16/99, requested by the United Mexican States, on “The Right to Information on Consular Assistance within the Framework of the Guarantees of the Due Process of Law," the Inter-American Court established that: 61 57 Article 29, d). See supra note 50. 58 Para. 3 of the Concurring Opinion of Judge Sergio García Ramírez, regarding the Judgment in the cited case, of November 24, 2006. 59 Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 24, para. 199. 60 OC-16/99 of October 1, 1999, para. 114. 61 OC-16/99, supra note 60, para. 115. 17

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