11
A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be
given to the terms of the treaty in their context and in the light of its object and
purpose.
[…]
38.
Article 62(1) of the American Convention stipulates that a State Party may,
upon depositing its instrument of ratification or adherence to this Convention, or at
any subsequent time, declare “that it recognizes as binding, ipso facto, and not
requiring any special agreement, the jurisdiction of the Court on all matters relating
to the interpretation or application of this Convention.” There is no provision in the
Convention that expressly permits the States Parties to withdraw their declaration of
recognition of the Court’s binding jurisdiction. Nor does the instrument in which Peru
recognizes the Court’s jurisdiction, dated January 21, 1981, allow for that possibility.
39.
An interpretation of the Convention done “in good faith in accordance with the
ordinary meaning to be given to the terms of the treaty in their context and in light
of its object and purpose” leads this Court to the view that a State Party to the
American Convention can only release itself of its obligations under the Convention
by following the provisions that the treaty itself stipulates. In the instant case, under
the Convention, the only avenue the State has to disengage itself from the Court’s
binding contentious jurisdiction is to denounce the Convention as a whole (cf. infra
45, 49); if this happens, then the denunciation will only have effect if done in
accordance with Article 78, which requires one year’s advance notice.
40.
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.
41.
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.
42.
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