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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