20
suppress the enjoyment or exercise of the rights and freedoms recognized in this
Convention or to restrict them to a greater extent than is provided for herein”.
Consequently, it would be meaningless to suppose that a State which had freely
decided to accept the compulsory jurisdiction of the Court had decided at the same
time to restrict the exercise of its functions as foreseen in the Convention. On the
contrary, the mere acceptance by the State leads to the overwhelming presumption
that the State will subject itself to the compulsory jurisdiction of the Court.
91)
The effect of the State’s third allegation would be to limit its recognition of the
Court’s completely mandatory jurisdiction, with negative consequences for the
exercise of the rights protected by the Convention.
92)
The declaration formulated by the State of Trinidad and Tobago would allow it
to decide in each specific case the extent of its own acceptance of the Court’s
compulsory jurisdiction to the detriment of this Tribunal’s compulsory functions. In
addition, it would give the State the discretional power to decide which matters the
Court could hear, thus depriving the exercise of the Court’s compulsory jurisdiction of
all efficacy.
93)
Moreover, accepting the said declaration in the manner proposed by the State
would lead to a situation in which the Court would have the State’s Constitution as
its first point of reference, and the American Convention only as a subsidiary
parameter, a situation which would cause a fragmentation of the international legal
order for the protection of human rights, and which would render illusory the object
and purpose of the Convention.
94) 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
being),
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 there from for the international and domestic
systems 11.
95)
In this respect, in its Advisory Opinion on The Effect of Reservations on the
Entry into Force of the American Convention on Human Rights (OC-2/82), the Court
found that
[m]odern 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 12.
11
Cf. Constitutional Court Case. Competence. Supra note 8, para. 41 and Ivcher Bronstein Case.
Competence. Supra note 8, para. 42.
12
The Effect of Reservations on the Entry into Force of the American Convention on Human Rights,
Advisory Opinion OC-2/82. Supra note 6, para. 29.