8
therefrom. The elements singled out in this case-law of protection apply equally
under procedures of other human rights treaties which require the condition of
"victim" for the exercise of the right of individual petition (cf. supra).
23.
Each of those procedures, despite differences in their legal nature, has
contributed, in its own way, to the gradual strengthening of the procedural capacity
of the complainant at international level. In an express recognition of the relevance
of the right of individual petition, the Declaration and Programme of Action of
Vienna, the main document adopted by the II World Conference on Human Rights
(1993), urged its adoption, as an additional method of protection, by means of
Optional Protocols to the Convention on the Elimination of All Forms of
Discrimination against Women and to the Covenant on Economic, Social and
Cultural Rights 23. That document recomended, moreover, to the States Parties in
human rights treaties, the acceptance of all the available optional procedures of
individual petitions or communications 24.
II.
The Right of Individual Petition under the American
Convention on Human Rights.
24.
In the inter-American system of protection of human rights, the right of
individual petition has constituted an effective way of facing not only individual
cases but also massive and systematic violations of human rights 25, even before the
entry into force of the American Convention on Human Rights (i.e., in the initial
practice of the Inter-American Commission on Human Rights). Its importance has
been fundamental, and could never be minimized. The consolidation of the right of
individual petition under Article 44 of the American Convention on Human Rights
was endowed with special significance. Not only was its importance, for the
mechanism of the Convention as a whole, duly emphasized in the travaux
préparatoires of that provision of the Convention 26, as it also represented an
advance in relation to what, until the adoption of the Pact of San José in 1969, had
been achieved in that respect, in the ambit of the International Law of Human
Rights.
25.
The other regional Convention then in force, the European Convention, only
accepted the right of individual petition originally enshrined in an optional clause
(Article 25 of the Convention), conditioning the legitimatio ad causam to the
demonstration of the condition of victim by the individual complainant, - what, in its
turn, generated a remarkable jurisprudential development of the notion of "victim"
under the European Convention (supra). The American Convention, in a distinct
23.
Declaration and Programme of Action of Vienna of 1993, part II, pars. 40 and
75, respectively. - The elaboration of both Draft Protocols is virtually concluded, in their
essential features, now waiting for the approval on the part of the States.
24.
Declaration and Programme of Action of Vienna of 1993, part II, par. 90.
25.
I thus regret not to be able to share the insinuation present in part of the
contemporary European specialized bibliography on the matter, in the sense that the right of
individual petition would perhaps not be effective in relation to massive and systematic
violations of human rights. The experience accumulated from this side of the Atlantic, in the
inter-American system of protection, points exactly to the opposite sense, and thanks to the
right of individual petition many lives were saved and justice was accomplished in concrete
cases amidst generalized situations of violations of human rights.
26.
Cf. OAS, Conferencia Especializada Interamericana sobre Derechos Humanos Actas y Documentos (San José of Costa Rica, 07-22 November 1969), doc.
OAS/Ser.K/XVI/1.2, Washington D.C., General Secretariat of the OAS, 1978, pp. 43, 47 and
373.