In addition, I would like to call your attention to the following: Article 29 of the American Convention makes other international treaties, even treaties concluded outside the hemisphere, applicable to the interpretation of the Convention's norms. In addition, the Commission and the Inter-American Court have jurisprudentially developed the principle that human rights treaties should be interpreted in accordance with their object and purpose, which reflects the norms of the Vienna Convention on the Law of Treaties, and that the purpose and object of a human rights treaty is the protection of the human person.
In case a doubt exists as to interpretation, it is resolved in favor
of the people and not the State. Accordingly, there are jurisprudential
norms that validate an interpretation within the terms of the Convention
that protect children and women. In addition, the drafters of the
American Convention gave importance to those subjects in that they
established that certain rights could not be restricted, even in situations
of emergency, when the continuation of civilized life in a country is
threatened.
It is interesting to read Article 27, paragraph 2 of the
American Convention that makes Article 19 on the rights of the child
non-derogable even in an emergency situation. (Other similarly
protected rights include: the right to nationality; the principle of
legality; the right to recognition of juridical personality; the right to
personal integrity; and the prohibition of torture and other cruel,
inhumane and degrading treatment.)
I also wish to point out that under Article 1, paragraph 1 of the
American Convention, the Inter-American Court of Human Rights
established the following ruling in the case of Velasquez Rodriguez:
that it is the duty of the State to not only abstain from violating human
rights but it is the duty of the State to create a legal order in which
compliance with the human rights established by the American
Convention is actually guaranteed. In this way, state responsibility
exists when these rights are violated and also exists if a legal order does
not exist that requires and guarantees compliance with human rights.
This includes women who are objects of the sex trade and children who
are objects of sexual exploitation in the region.
Now, I could continue by giving you a legal analysis with
respect to the American Declaration of Human Rights that also contains
similar norms, or the Additional Protocol of San Salvador that has
come into force and also contains norms that are violated, as well as the
Belem do Para Convention among other agreements. I won't bore
you with respect to that. But I would like to point out that it is
fundamental to understand that legal norms exist which allow the case
system to function.
Allowing on site visits of the Inter-American
Commission to be redefined, in a way that makes such visits available
and specifically aimed at the issue of sexual exploitation would be an
important step. Regarding on site visits, I also want to say that the
following must be achieved: that when there is a on site visit to
evaluate the human rights situation in general in a country, a chapter
regarding the issue of exploitation of women and children should be
added to the report.
The Commission has been expanding the reports it
provides regarding its on site visits, and it not only refers to the
situation of civil and political rights in a country, but it also refers to the
economic, social, and cultural rights. For example, the issue of women
and children's rights has been incorporated. I believe that including the
issue of sexual exploitation, specifically, is another very important way
of placing it on the agenda, and there have been some movements in
this direction. But this needs to be done as a central procedure.