31
require that its provisions be interpreted and applied so as to make its safeguards
practical and effective […].”67
99.
This opinion coincides with the case law of the Court, which has stated in its
Advisory Opinion OC-2/82 of September 24, 1982, entitled The Effect of
Reservations on the Entry into Force of the American Convention on Human Rights,
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.68
100. The scope of the provisions of Articles 33, 62(1), 62(3) and 65 of the
American Convention, and also Article 30 of the Statute of the Court, has been
interpreted by the Court in accordance with the purpose and goal of this treaty,
which is the protection of human rights,69 and, pursuant to the l’effet utile principle
(supra paras. 66 and 67). The legal grounds for the authority of the Inter-American
Court to supervise compliance with its decisions is to be found in the said articles.
When the Court decides that there has been a violation of a right or freedom
protected by the Convention, according to Article 63.1 of the Convention, it shall rule
“that the injured party be ensured the enjoyment of his right or freedom that was
violated. It shall also rule, if appropriate, that the consequences of the measure or
situation that constituted the breach of such right or freedom be remedied and that
fair compensation be paid to the injured party.” In order to ensure that the State
complies effectively with the obligation to ensure embodied in this provision of the
convention, the Court must monitor full compliance with its decisions. Otherwise,
they would be illusory.
101. In order to comply with the mandate established in these norms to monitor
compliance with the commitment assumed by the States Parties to “comply with the
judgment of the Court in any case to which they are parties” (Article 68(1) of the
Convention) and, in particular, to inform the OAS General Assembly of the cases in
which “a State has failed to comply with the Court’s ruling”, the Court must first
know the degree of compliance with its decisions. To this end, the Court must
monitor that the responsible States comply effectively with the reparations ordered
by the Court, before advising the OAS General Assembly that they have failed to
comply with a ruling.
67
Soering v. the United Kingdom (Merits and just satisfaction), judgment of 7 July 1989, ECHR,
Series A no. 161, para. 87.
68
The Effect of Reservations on the Entry into Force of the American Convention on Human Rights.
Advisory Opinion OC-2/82 of September 24, 1982. Series A No. 2, para. 29.
Similarly cf. The
Constitutional Court case. Competence, supra note 35, para. 42; Ivcher Bronstein case. Competence,
supra note 35, para. 43; Constantine et al. case. Preliminary objections, supra note 39, para. 86;
Benjamin et al. case. Preliminary objections, supra note 39, para. 86; and Hilaire case. Preliminary
objections, supra note 39, para. 95.
69
Supra note 62.
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