3
the right of petition contributed also to secure respect for the obligations of objective
character which are incumbent upon the States Parties6. In several cases the
exercise of the right of petition has gone even further, generating changes in the
domestic legal order and in the practice of the public organs of the State7. The
significance of the right of individual petition can only be appropiately assessed in
historical perspective.
9.
In fact, the historia juris of some countries discloses that the old right to
petition, at domestic level, to the central authorities, as expression or manifestation
of the freedom of expression, gradually developed into a legal remedy to be
interposed before the tribunals for the reparation for damages8. Only in a more
recent epoch the right of petition (no longer right to petition) was formed within the
ambit of international organizations. The first classic distinctions appeared, such as
that elaborated by Feinberg9 and endorsed by Drost10, between pétition plainte,
based upon a violation of an individual private right (e.g., a civil right) and in search
of reparation on the part of the authorities, and pétition voeu, pertaining to the
general interests of a group (e.g., a political right) and in search of public measures
on the part of the authorities.
5.
For example, under Article 25 of the European Convention on Human Rights; cf. H. Rolin,
"Le rôle du requérant dans la procédure prévue par la Commission européenne des droits de l'homme", 9
Revue hellénique de droit international (1956) pp. 3-14, esp. p. 9; C.Th. Eustathiades, "Les recours
individuels à la Commission européenne des droits de l'homme", in Grundprobleme des internationalen
Rechts - Festschrift für Jean Spiropoulos, Bonn, Schimmelbusch & Co., 1957, p. 121; F. Durante, Ricorsi
Individuali ad Organi Internazionali, Milano, Giuffrè, 1958, pp. 125-152, esp. pp. 129-130; K. Vasak, La
Convention européenne des droits de l'homme, Paris, LGDJ, 1964, pp. 96-98; M. Virally, "L'accès des
particuliers à une instance internationale: la protection des droits de l'homme dans le cadre européen", 20
Mémoires Publiés par la Faculté de Droit de Genève (1964) pp. 67-89; H. Mosler, "The Protection of
Human Rights by International Legal Procedure", 52 Georgetown Law Journal (1964) pp. 818-819.
6.
It is to be always born in mind that, distinctly from the questions governed by Public
International Law, in their majority raised horizontally above all at inter-State level, the questions
pertaining to human rights are found vertically at intra-State level, in the contraposition between the
States and the human beings under their respective jurisdictions. Accordingly, to pretend that the organs
of internacional protection cannot verify the compatibility of the norms and practices of domestic law, and
their ommissions, with the international norms of protection, would not make sense. Here as well the
specificity of the International Law of Human Rights becomes evident. The fact that this latter goes beyond
Public International Law in the matter of protection, so as to comprise the treatment dispensed by the
States to the human beings under their jurisdictions, does not mean that a conservative interpretation
ought thereby to apply; quite on the contrary, what applies is an interpretation in conformity with the
innovative character - in relation to dogmas of the past, such as that of the "exclusive national
competence" or reserved domain of the States, as an emanation of State sovereignty, - of the
international norms of protection of human rights. With the development of the International Law of
Human Rights, it is Public International Law itself which is enriched, in the assertion of canons and
principles proper to the present domain of protection, grounded on fundamentally distinct premises from
those which have guided its postulates at the level of purely inter-State relations. The International Law of
Human Rights thus comes to affirm the aptitude of Public International Law to secure, in the present
context, compliance with the international obligations of protection on the part of States vis-à-vis all
human beings under their jurisdictions.
7.
J. Humphrey, "The Right of Petition in the United Nations", 4 Revue des droits de
l'homme/Human Rights Journal (1971) p. 463.
8.
N. Feinberg, "La pétition en droit international", 40 Recueil des Cours de l'Académie de
Droit International de La Haye (1932) pp. 576-639.
9.
P.N. Drost, Human Rights as Legal Rights, Leyden, Sijthoff, 1965, pp. 67-75, and cf. pp.
91-96 and 101.