Article 21 is subject to the following reservation: "The Argentine Government establishes that questions
relating to the Government's economic policy shall not be subject to review by an international Court.
Neither shall it consider reviewable anything the national courts may determine to be matters of 'public
utility' and 'social interest', nor anything they may understand to be 'fair compensation'."
37.
The Court has established criteria regarding the interpretation of reservations to the
Convention. 29 First, when interpreting the reservations the Court shall, above all, apply a
strictly textual analysis. Second, the object and purpose of the corresponding treaty30 shall
be duly considered, which in the case of the American Convention concerns “the protection
of the basic rights of human beings.”31 In addition, the reservation must be interpreted in
accordance with Article 29 of the Convention. 32
38.
From a textual analysis of the reservation made by Argentina at the time of
ratification of the American Convention, the Court notes that it was exclusively stipulated for
Article 21 of the treaty. Consequently, it is clear that the State did not wish to extend the
scope of that reservation to other rights or precepts enshrined in the Convention.
39.
With regard to the object and purpose of the treaty, the Court has established in its
case law that “modern human rights treaties in general, and the American Convention in
particular, are not multilateral treaties of a traditional nature 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 fundamental rights of human beings. Thus, by adopting
these human rights treaties, States are subject 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.” 33
40.
In addition, the Court reiterates that, in light of Article 29 of the American
Convention, a reservation should not be interpreted as restricting the enjoyment and
exercise of the rights and freedoms recognized in the Convention to a greater extent than
that set forth in the reservation itself.34 Therefore, the Court concludes that from the textual
interpretation, and taking into account the purpose and object of the treaty, the application
of the reservation made to Article 21 of the Convention clearly cannot be extended to the
arguments presented by the Inter-American Commission for the alleged violation of Article
25 of that treaty.
29
Cf. Case of Boyce et al. v. Barbados. Preliminary Objection, Merits, Reparations and Costs. Judgment of
November 20, 2007. Series C No. 169, para. 15 and Case of Apitz Barbera et al. (“First Administrative Court”) v.
Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 5, 2008. Series C No. 182,
para. 217. See also, The Effect of Reservations on the Entry into Force of the American Convention on Human
Rights (Arts. 74 and 75). Advisory Opinion OC-2/82 of September 24, 1982. Series A No. 2, para. 35, and
Restrictions to the Death Penalty (Arts. 4.2 and 4.4 American Convention on Human Rights). Advisory Opinion OC3/83 of September 8, 1983. Series A No. 3, paras. 60/66.
30
Cf. Case of Boyce et al. v. Barbados; para. 15. See also Article 75 of the American Convention and Article
19 of the Vienna Convention on the Law of Treaties indicating that reservations to a treaty must be compatible with
the object and purpose of the treaty).
31
Cf. Case of Boyce et al. v. Barbados, para. 15; Advisory Opinion OC-2/82; para. 29, and Advisory Opinion
OC-3/83, para. 65.
32
Cf. Case of Boyce et al. v. Barbados, para. 15; Advisory Opinion OC-3/83, para. 66.
33
Advisory Opinion OC-2/82; para. 29.
34
Cf. Case of Boyce et al. v. Barbados, para. 15; Advisory Opinion OC-3/83, para. 66.
13