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Separate Opinion of Judge A.A. Cançado Trindade in the Case Blake Versus Guatemala (Merits, Judgment of 24.01.1998)

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Chapter Summary

The jurisprudential construction is, nevertheless, left without effect in the circumstances of the present Blake case, by reason of the limitation ratione temporis to the competence of the Court. The changing reality of the facts always requires from legal rules a dynamic renewal, in order to ensure their constant adequacy to the new needs of protection and, hence, their efficacy. This naturally applies to the capacity of response and struggle against new forms of violation of human rights. The contribution of the Judgment that the Inter-American Court has just rendered to the development of the jurisprudential treatment of the crime of forced disappearance of person gives precision to the position of the next of kin of the disappeared person as subjects (titulaires) of the rights protected by the American Convention. The condition of victims cannot be denied also to the next of kin of the disappeared person.

Keywords: American Convention; Blake; crime; Inter-American Court; jurisprudential treatment; legal rules; ratione temporis



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