ABC de la Corte ENG v9

ABC of the Inter-American Court of Human Rights 2020 24 that it recognizes that internal authorities are subject to the rule of law and, because of this, are obligated to apply the regulations in force in their legal systems. But when a State is party to an international treaty such as the American Convention, all of its organs, including its judges and other organs linked to the administration of justice at any level, are also subject to the treaty. This obliges them to safeguard the provisions of the Convention so that it does not dwindle in strength when faced with laws contrary to its goals, and so that legal or administrative decisions do not render the complete or partial compliance of international obligations illusory. That is, all state authorities are under the obligation to exercise ex officio a “control of conventionality” between their internal laws and the American Convention, in the framework of their respective jurisdictions and corresponding procedural rules. In this task, state authorities must bear in mind not only the treaty, but also the interpretation of it by the Court, as the Court is the ultimate interpreter of the American Convention. WHAT IS A VOTE ON A JUDGMENT? When a judgment does not express in whole or in part the unanimous opinion of the Judges, any Judge has the right to add their opinion to the verdict. Such votes form an integral part of the Judgment. WHAT ARE INTERPRETATIONS OF THE JUDGMENT? If any of the parties to the process are in disagreement about the meaning or scope of a given judgment, the Court may interpret it via a judgment of interpretation. This interpretation is performed at the request of any of the parties, provided that the request is presented within ninety days of the notification of the verdict. ARE THE DELIBERATIONS PUBLIC? No, the Court always deliberates in private and its deliberations remain secret. Only the Judges participate in this activity, although the Secretary and Assistant Secretary may also be present, as well as any of the required personnel of the Secretariat. No one else may be admitted unless by special decision of the Court and under oath or solemn declaration.

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