12
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)
43. 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.”
44.
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
Parties.”2 Similarly, in Ireland vs. the United Kingdom (1978), the European Court
held the following:
Unlike international treaties of the classic kind, the Convention comprises more than
mere reciprocal engagements between contracting States. It creates, over and above a
network of mutual, bilateral undertakings, objective obligations which, in the words of
the Preamble, benefit from a “collective enforcement”.3
In the Soering vs. United Kingdom case (1989), the European Court declared that in
interpreting the European Convention “regard must be had to its special character as
a treaty for the collective enforcement of human rights and fundamental freedoms….
Thus, the object and purpose of the Convention as an instrument for the protection
of individual human beings require that its provisions be interpreted and applied so
as to make its safeguards practical and effective.”4
45.
The optional clause recognizing the contentious jurisdiction of the InterAmerican Court is of particular importance to the operation of the system of
protection embodied in the American Convention. When a State consents to that
clause, it binds itself to the whole of the Convention and is fully committed to
guaranteeing the international protection of human rights that the Convention
embodies. A State Party may only release itself from the Court’s jurisdiction by
renouncing the treaty as a whole (cf. supra 39, infra 49). The instrument whereby it
recognizes the Court’s jurisdiction must, therefore, be weighed in light of the object
and purpose of the Convention as a human rights treaty.
2.
European Commission of Human Rights, Decision as to the Admissibility of Application No.
788/60, Austria vs. Italy case, Yearbook of the European Convention on Human Rights, The Hague, M.
Nijhoff, 1961, p. 140.
3.
European Court of Human Rights, Ireland vs. United Kingdom case, judgment of 18 January
1978, Series A no. 25, p. 90, paragraph 239.
4.
European Court of Human Rights, Soering Case, decision of 26 January 1989, Series A no. 161,
paragraph 87.