¿CARL MENGER IN SAN JOSÉ DE COSTA RICA? JUDGES, INTERPRETATION AND RIGHTS

The International Human Rights Law has sponsored a hermeneutic canon by virtue of which human rights treaties must merit special treatment in so far as they are presented as living instruments, whose exegesis has to accompany the evolution of the times and the conditions of current life. Such characterization in the Inter-American jurisprudence, raises attractive problems: ¿does the principle of evolutionary interpretation imply an authorization for the judges to set their imagination in motion and alter the guidelines of the Convention´s text, without going through the formal normative instances?, ¿instead, would not imply an empowerment to develop the legal decisions of the system in order to maintain its ability to respond to situations that the authors of the instrument did not have in view, but which involve issues essentially equal to those considered in that regulation, and require specific solutions, extracted from the values, principles and norms in force?