XVII Ibero-American Judicial Summit, Santiago de Chile

2 April 2014

Ladies and gentlemen,
Dear colleagues and friends,

It is a pleasure and an honour to address this event. You are here to discuss the application of international human rights law by national judges, a profoundly important topic.

National judges are at the forefront of human rights protection. They bear the responsibility for upholding the rule of law, and for providing effective remedy for human rights violations.

With the Universal Declaration of Human Rights as its departure point, the United Nations has developed an evolving system of human rights protection. This is condensed in treaties, protocols and declarations, as well as in the interpretations, recommendations and jurisprudence of UN Treaty Bodies and other mechanisms such as the Special Procedures of the Human Rights Council. This universal human rights protection system is complemented and reinforced by regional systems, such as the Inter-American system. These reference points define the content and scope of the human rights that national judges must protect.

National constitutions and laws must be consistent with international human rights law. This consistency is not only desirable; it is an international obligation for all States that have ratified international human rights treaties. Judges share this obligation. They are in fact the guarantors of human rights. They must ensure the application of international human rights standards at the national level, and interpret and apply the law in light of international human rights standards and in the manner most advantageous to each person. Failure to comply with this obligation may engage the State’s international responsibility.

In Latin America, like other regions, judges are charged with investigating gross human rights violations of the past. They must respect the right of victims to know the truth, provide adequate reparation, and thus do their part in ensuring that all reasonable steps are taken so that such violations do not recur.

Everyone must be guaranteed the right to access justice in conditions of equality, and the judiciary has a special responsibility to advance the rights of persons or groups who require stronger protection. Among them are ethnic minorities, including people of African descent; indigenous peoples; women; migrants; children; lesbian, gay, bisexual or transgender or intersex people and persons with disabilities, among others.

Judiciaries also have a vital role to guarantee protection of economic, social and cultural rights, to establish their justiciability, and to review the adoption of retrogressive measures.

There are many challenges to the fulfilment of these obligations. Judicial backlog and lack of adequate resources are compounded, in some cases, by a lack of sufficient training on human rights standards. An insufficiently independent judiciary is another challenge. The inertia of national case-law may sometimes be an issue. Because a legal norm has not been applied in the past, it is not applied or referred to in the present.

Dear colleagues,

You will doubtless share today ways that you have found to overcome such challenges. Across this region and beyond, there are many such examples of good practices.

I commend, for example, the ruling by the Argentinian Supreme Court that declared unconstitutional two amnesty laws for perpetrators of gross human rights violations that were committed during the military dictatorship.

I also commend the Colombian Constitutional Court’s recent declaration regarding the unconstitutionality of certain laws, and its cessation of investment projects, based on the State’s failure to respect the rights of indigenous people to free, prior and informed consent.

I commend the Mexican Supreme Court’s decision that investigation and prosecution of members of the armed forces for human rights violations are the responsibility of civilian – not military – institutions and courts.

These are all examples of the judiciary using international human rights law to grant the greatest protection to the victims. They demonstrate that judges can surmount challenges and decisively contribute to ensuring the effective realization of human rights.

Ladies and gentlemen,

Your vigilance and engagement are essential to ensuring that legal processes and reforms are meaningful for every woman, man, and child, and that all are treated equally before the law.

My Office stands ready to assist you and your fellow justices and judicial authorities in this demanding pursuit.

I wish you every success in your deliberations.

Thank you.