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Concurring Opinion of Judge A.A. Cançado Trindade in the Case of Castillo Petruzzi and Others versus Peru (Preliminary Objections, Judgment of 04.09.1998)

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Chapter Summary

The right of individual petition is a definitive conquest of the International Law of Human Rights. It is of the essence itself of the international protection of human rights the contraposition between the individual complainants and the respondent States in cases of alleged violations of the protected rights. It was precisely in this context of protection that the historical rescue took place of the position of the human being as subject of the International Law of Human Rights, endowed with full international procedural capacity. In the inter-American system of protection of human rights, the right of individual petition has constituted an effective way of facing not only individual cases but also massive and systematic violations of human rights, even before the entry into force of the American Convention on Human Rights. It is the international protection that, ultimately, in the ambit of regional system of protection, has attained its maturity.

Keywords: American Convention; individual petition; International Law of Human Rights; international protection of human rights



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