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159. The Commission has asked the Court to find that Honduras has violated the rights
guaranteed to Manfredo Velásquez by Articles 4, 5 and 7 of the Convention. The Government has
denied the charges and seeks to be absolved.
160. This requires the Court to examine the conditions under which a particular act, which
violates one of the rights recognized by the Convention, can be imputed to a State Party thereby
establishing its international responsibility.
161.
Article 1 (1) of the Convention provides:
Article 1. Obligation to Respect Rights
1.
The States Parties to this Convention undertake to respect the rights and
freedoms recognized herein and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms, without any
discrimination for reasons of race, color, sex, language, religion, political or other
opinion, national or social origin, economic status, birth, or any other social
condition.
162. This article specifies the obligation assumed by the States Parties in relation to each of the
rights protected. Each claim alleging that one of those rights has been infringed necessarily
implies that Article 1 (1) of the Convention has also been violated.
163. The Commission did not specifically allege the violation of Article 1 (1) of the Convention,
but that does not preclude the Court from applying it. The precept contained therein constitutes
the generic basis of the protection of the rights recognized by the Convention and would be
applicable, in any case, by virtue of a general principle of law, iura novit curia, on which
international jurisprudence has repeatedly relied and under which a court has the power and the
duty to apply the juridical provisions relevant to a proceeding, even when the parties do not
expressly invoke them ("Lotus", Judgment No. 9, 1927, P.C.I.J., Series A No. 10, p. 31 and Eur.
Court H.R., Handyside Case, Judgment of 7 December 1976, Series A No. 24, para. 41).
164. Article 1 (1) is essential in determining whether a violation of the human rights recognized
by the Convention can be imputed to a State Party. In effect, that article charges the States
Parties with the fundamental duty to respect and guarantee the rights recognized in the
Convention.
Any impairment of those rights which can be attributed under the rules of
international law to the action or omission of any public authority constitutes an act imputable to
the State, which assumes responsibility in the terms provided by the Convention.
165. The first obligation assumed by the States Parties under Article 1 (1) is "to respect the
rights and freedoms" recognized by the Convention. The exercise of public authority has certain
limits which derive from the fact that human rights are inherent attributes of human dignity and
are, therefore, superior to the power of the State. On another occasion, this court stated:
The protection of human rights, particularly the civil and political rights set forth
in the Convention, is in effect based on the affirmation of the existence of certain
inviolable attributes of the individual that cannot be legitimately restricted
through the exercise of governmental power. There are individual domains that
are beyond the reach of the State or to which the State has but limited access.
Thus, the protection of human rights must necessarily comprise the concept of
the restriction of the exercise of state power (The Word "Laws" in Article 30 of
the American Convention on Human Rights, Advisory Opinion OC-6/86 of
May 9, 1986. Series A No. 6, para 21).