89
Considerations by the Court
184. Article 5(1) of the American Convention states that: “Every person has the
right to have his physical, mental, and moral integrity respected.”
185. The considerations that the Inter-American Commission and the
representatives of the victims submit as regards to Article 5(1) of the Convention
have already been analyzed by the Court in the Chapter referring to Article 4(1)
thereof; therefore, it is not pertinent to analyze the same in this Chapter.
XII.
VIOLATION OF ARTICLE 3 OF THE AMERICAN CONVENTION
(RIGHT TO JURIDICAL PERSONALITY)
186. This Court has jurisdiction — in the light of the American Convention, and
based on the iura novit curia principle, which is solidly supported by international
case law — to study the possible violation of the rules of the Convention which have
not been alleged in the petitions and briefs filed with the Court, in the understanding
that the parties have had the opportunity to express their respective positions with
regard to the supporting facts.223.
187. In the instant case, neither the Commission nor the representatives have
alleged the violation of Article 3 of the American Convention. However, from the
facts of the case, it is appears that there has been no registration or official
documentation of the existence of several members of the indigenous Sawhoyamaxa
Community (supra para. 73(73).) The Court considers that the parties have had the
opportunity of addressing such situation (supra paras. 24, 26, 27 and 28;) thus, it is
pertinent to examine the obligations stemming from Article 3 of the American
Convention which provides as follows:
“Every person has the right to recognition as a person before the law.”
188. The right to recognition of personality before the law represents a parameter to
determine whether a person is entitled to any given rights and whether such person
can enforce such rights.224 The breach of such recognition implies the absolute denial
of the possibility of being holder of such rights and of assuming obligations,225 and
renders individuals vulnerable to the non-observance of the same by the State or by
individuals.226
189. The State has a duty to provide the means and legal conditions in general, so
that the right to personality before the law may be exercised by its holders.
Specially, the State is bound to guarantee to those persons in situations of
vulnerability, exclusion and discrimination, the legal and administrative conditions
223
Cf. Case of the Pueblo Bello Massacre, supra note 3, para. 54; Case of the “Mapiripán Massacre”,
supra note 9, para. 57, and Case of the Moiwana Community, supra note 191, para. 91.
224
Cf. International Covenant on Civil and Political Rights. Examination of Reports submitted by the
State Parties pursuant to Article 40 of the Convention. UN Doc CCPR/C/ 31/ADD. 4 (1996), para. 58.
225
226
Cf. Case of Bámaca-Velásquez. Judgment of November 25, 2000, Series C No. 70, para. 179.
Cf. Case of the Yean and Bocico girls, supra note 12, para. 178; Case of Bámaca-Velásquez,
supra note 225, para. 179.