2
from Article 1(1) of the Convention; to deny its comprehensive scope would be to deprive
the American Convention of its effects. The general obligation of Article 1(1) embraces all
the rights protected by the Convention. There is nothing to prevent the matter from being
considered at the phase of reparations, inasmuch as these latter are demanded for the
failure to comply with both the specific obligations pertaining to each of the protected
rights, as well as the additional general obligations of respecting and ensuring respect for
those rights (Article 1(1)) and of bringing domestic law into conformity with the norms of
protection of the Convention to that effect.
5.
It could hardly be denied that, at times, the reparation itself for proven human rights
violations in concrete cases may require changes in domestic laws and administrative
practices. Enforcement of human rights treaties has not only been known to resolve
individual cases, it has also brought about such changes, thus transcending the particular
circumstances of the concrete cases; examples of cases in which national laws were in fact
modified, in accordance with the decisions of the international human rights supervisory
organs in individual cases, abound in international practice.0 The efficacy of human rights
treaties is measured, to a large extent, by their impact upon the domestic law of the States
Parties. It cannot be legitimately expected that a human rights treaty be "adapted" to the
conditions prevailing within each country, as, a contrario sensu, it ought to have the effect
of improving the conditions of exercise of the rights it protects in the ambit of the domestic
law of the States Parties.
6.
It is indeed surprising, and regrettable, that, at the end of five decades of evolution
of the International Law of Human Rights, doctrine has not yet sufficiently and satisfactorily
examined and developed the extent and consequences of the interrelations between the
general duties to respect and to ensure respect for the protected rights and to harmonize
the domestic legal order with the international norms of protection. The few existing
indications are to be found in case-law. This Court began to consider such interrelations in
its seventh Advisory Opinion, of 1986, in which it warned that the fact that States Parties
"may fix the conditions of exercise" of the protected rights "does not impair the
enforceability, on the international plane, of the obligations they have assumed under
Article 1(1)" of the Convention; and it added that that conclusion was reinforced by the
wording of Article 2 of the Convention.0
7.
One decade after that consideration by the Court, the time has come to retake and
examine the matter more deeply. The general and fundamental duty of Article 1(1) of the
American Convention on Human Rights is paralleled in other treaties on the rights of the
human person, such as the Covenant on Civil and Political Rights (Article 2(1)), the
Convention on the Rights of the Child (Articles 2(1) and 38(1)), the four Geneva
2
At regional level, cf., for examples, European Court of Human Rights, Aperçus - Trente-cinq années
d'activité 1959-1994, Strasbourg, Council of Europe, 1995, pp. 70-83. - At global (United Nations) level, one may
recall, e.g. that in the Aumeeruddy-Cziffra and Others case, the Human Rights Committee (under the Covenant on
Civil and Political Rights), in its Views of 09 April 1981, concluded that the State Party (Mauritius) should modify
provisions of its legislation on immigration and deportation (the Immigration (Amendment) Act and the Deportation
(Amendment) Act, both of 1997) in order to harmonize them with its conventional obligations under the Covenant,
and should provide "immediate remedies" to the victims of the substantiated human rights violations. Cf.
International Covenant on Civil and Political Rights, Human Rights Committee - Selected Decisions under the
Optional Protocol, vol. I, 1985, p. 71.
3
Enforceability of the Right to Reply or Correction (Arts. 14(1), 1(1) and 2 of the American Convention on
Human Rights), Advisory Opinion OC-7/86 of 29 August 1986, Series A, n. 7, paragraphs 28-29. In their lucid
Separate Opinions on that Advisory Opinion, Judges R.E. Piza Escalante (loc. cit., paragraphs 25-33) and H. Gros
Espiell (ibid., paragraph 6) argued that the obligation of Article 2 complements, but does not substitute or fulfil, the
unconditional and fundamental obligation of Article 1(1) of the American Convention.