16
jurisdictional mechanism of protection of human rights, without which such mechanism
will be irremediably mitigated.
(...)The jus standi of individuals before the Court is a measure to the benefit not only of
the petitioners but also of themselves (those which become respondent States), as well
as of the mechanism of protection as a whole. And this by virtue of the
jurisdictionalization, an additional guarantee of the prevalence of the rule of law in the
whole contentieux of human rights under the American Convention.
If we really wish to act at the height of the challenges of our times, it is to the
consolidation of such jus standi that we ought to promptly devote ourselves, with the
same clear vision and lucid boldness with which the draftsmen of the American
Convention originally conceived the right of individual petition. With the conventional
basis which was conveyed to us by Article 44 of the American Convention, we do not
need to wait half a century to give concrete expression to the jus standi above referred
to. With the consolidation of this latter, it is the international protection that,
ultimately, in the ambit of our regional system of protection, will have thereby attained
its maturity" (paras. 42-46).
43.
In 2001, I drafted and submitted, in my capacity as President and Rapporteur
of the Court, to the Organization of American States (OAS), as the next stride to be
taken isn such direction (and as I have been insisting for some time), a proposal to
grant jus standi to individuals, so that they be able to file their claims directly before
the Court, under the form of a basis for a Draft Protocol to the American Convention
on Human Rights to strengthen its mechanism for protection57. I consider it is
essential for the advances in the rules be consolidated into such a Protocol, to avoid
future involutions and to secure a real commitment by the States Parties, on the
basis of a treaty, with the cause of internationally protected human rights58.
44.
As I purported in my speech of June 10, 2003 to the OAS General Asambly in
Santiago de Chile59, the Inter-American Court, in its procedural and case law
evolution, has made a relevant contribution to "consolidating the new paradigm of
International Law, the new jus gentium of 21st century, holding the human being to
have international rights independently"60. The Draft Protocol I drew up and
submitted to the OAS has invariably been on the agenda of the OAS General
Assembly (as appearing from the Sessions held in San José de Costa Rica in 2001, in
Bridgetown/Barbados in 2002, in Santiago de Chile in 2003, and in Quito in 2004),
and is still present in the OAS pertinent 2005-2006 documents61. I hope for it to bear
real fruit in the near future.
57
.
A.A. Cançado Trindade, “Basis for a Draft Protocol to the American Convention on Human Rights
to Strengthen its Mechanism for Protection” - Volume II, San José de Costa Rica, Inter-American Court of
Human Rights, 2001, pages 1-669 (2nd ed., 2003).
58
.
Cf. A.A. Cançado Trindade, El Acceso Directo del Individuo a los Tribunales Internacionales de
Derechos Humanos, Bilbao, Universidad de Deusto, 2001, pages 9-104; A.A. Cançado Trindade, El
Derecho Internacional de los Derechos Humanos in el Siglo XXI, Santiago, Editorial Jurídica de Chile,
2001, pages 15-455 (2a. ed., 2006). And cf. A.A. Cançado Trindade, "El Nuevo Reglamento de la Corte
Interamericana de Derechos Humanos (2000) and Su Proyección Hacia el Futuro: La Emancipación del Ser
Humano como Sujeto del Derecho Internacional", in XXVIII Curso de Derecho Internacional Organizado
por el Comité Jurídico Interamericano - OAS (2001) pages 33-92.
59
.
Shortly after an historical session away from headquarters of the Inter-American Court had teken
place in that city.
60
.
Cf. Speech [by the President of the Inter-American Court of Human Rights, Judge Antônio A.
Cançado Trindade], to the XXXIII General Assembly of the Organization Of American States (OAS)
(Santiago de Chile, June, 2003) - Actas and Documentos, vol. II, Washington D.C., Secretaría General de
la OAS, pages 168-171.
61
.
OAS, document AG/RES.2129 (XXXV-0/050), del 07.06.2005, pages 1-3; OAS, document
CP/CAJP-2311/05/Rev.2, del 27.02.2006, pages 1-3.