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"According to the Court, “this obligation implies the duty of the State party to organize all the state apparatus and, in general, all the structures through which the exercise of public power is manifested, in such a manner that they are able to legally insure the free and full exercise of human rights.” That is the basis of the obligation stipulated in Article 2 of the Convention for the adoption of measures of internal law to make those rights and liberties effective. Therefore, this carries with it the obligation of the state party to adapt its internal legislation when it suffers defects that prevent or hinder the full observance of the rights recognized by the Convention and, in this specific case, the rights protected by Article 23.
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OAS (IACHR): Annual Report of Inter-American Commission on Human Rights 1989-1990, Resolution Nº 01/90, cases 9768, 9780, and 9828, par. 82Download Document
Annual Report of Inter-American Commission on Human Rights 1989-1990, Resolution Nº 01/90, cases 9768, 9780, and 9828
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