Government of Costa Rica (In the matter of Viviana Gallardo et al.)

Abstract

State responsibility — Nature and kinds of state responsibility — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Exhaustion of domestic remedies — Whether waivable requirement under American Convention on Human Rights, 1969 — Whether for benefit of States — Waiver — Whether irrevocable — Decision of Commission on admissibility requirements — Whether reviewable by Court

The individual in international law — In general — Human rights and freedoms — American Convention on Human Rights, 1969 — Inter-American Court of Human Rights — Contentious jurisdiction — Requirement of procedures before Commission — Whether waivable — Individual right of petition — Risk of adverse effects on rights of individual victims under Convention

Treaties — Conclusion and operation of treaties — Operation and enforcement of treaties — American Convention on Human Rights, 1969 — Contentious litigation before Inter — American Court Requirements of prior exhaustion of domestic remedies and of procedures before Inter — American Commission — Whether waivable — System established by Convention — Functions of Commission Rights of individual victims

Disputes — Other international courts — Inter-American Court of Human Rights — Contentious jurisdiction — Competence — American Convention on Human Rights, 1969 — Requirement of prior exhaustion of procedures before Inter — American Commission — Whether waivable — Whether for sole benefit of States — Rights of individual victims — Functions of Commission — Requirement under Convention of prior exhaustion of domestic remedies — Whether waivable Whether for benefit of States — Need to pass on legal issue at this stage — Decision of Commission on admissibility requirements Whether reviewable by Court — Referral of matter to Commission — Whether to retain application in docket of Court