10
41.
Article 29(a) of the American Convention provides that no provision of the
Convention shall be interpreted as permitting any State Party, group, or person to
suppress the enjoyment or exercise of the rights and freedoms recognized in the
Convention or to restrict them to a greater extent than is provided for therein. Any
interpretation of the Convention that allows a State Party to withdraw its recognition
of the Court’s binding jurisdiction, as Peru would in the instant case, would imply
suppression of the exercise of the rights and freedoms recognized in the Convention,
would be contrary to its object and purpose as a human rights treaty, and would
deprive all the Convention’s beneficiaries of the additional guarantee of protection of
their human rights that the Convention’s jurisdictional body affords.
42.
The American Convention and the other human rights treaties are inspired by
a set of higher common values (centered around the protection of the human
person), are endowed with specific supervisory mechanisms, are applied as a
collective guarantee, embody essentially objective obligations, and have a special
character that sets them apart from other treaties. The latter govern mutual
interests between and among the States Parties and are applied by them, with all
the juridical consequences that follow therefrom for the international and domestic
legal systems.
43.
In its Advisory Opinion OC-2/82, of September 24, 1982, titled The Effect of
Reservations on the Entry into Force of the American Convention on Human Rights
(Arts. 74 and 75), the Court found that:
… modern human rights treaties in general, and the American Convention in particular,
are not multilateral treaties of the traditional type concluded to accomplish the reciprocal
exchange of rights for the mutual benefit of the contracting States. Their object and
purpose is the protection of the basic rights of individual human beings irrespective of
their nationality, both against the State of their nationality and all other contracting
States. In concluding these human rights treaties, the States can be deemed to submit
themselves to a legal order within which they, for the common good, assume various
obligations, not in relation to other States, but towards all individuals within their
jurisdiction. (paragraph 29)
44.
That finding is consistent with the case-law of other international jurisdictional
bodies. For example, in its Advisory Opinion on Reservations to the Convention for
the Prevention and Punishment of the Crime of Genocide (1951), the International
Court of Justice held that with treaties of this nature, “the contracting States do not
have any individual advantages or disadvantages nor interests of their own, but
merely a common interest; hence the Convention’s raison d’être is to accomplish its
purposes.”
45.
For their part, the European Commission and Court of Human Rights
(hereinafter “the European Commission” and “the European Court”) have arrived at
similar findings. In the Austria vs. Italy case (1961), the European Commission
declared that the obligations undertaken by the States Parties to the European
Convention on Human Rights (hereinafter “the European Convention”) “are
essentially objective in nature, and intended to protect the fundamental rights of
human beings against violations on the part of the High Contracting Parties, rather
than to create subjective and reciprocal rights between the High Contracting