68 | Report on the Situation of Human Rights in the Dominican Republic
establishes mechanisms for the protection of the rights recognized therein, such as
the Inter-American Commission and the Inter-American Court, 145 and its provisions
are applied as a function of the concept of collective protection. 146
138. As for the workings of the system of protection that the American Convention
establishes, the Commission must underscore the fact that once a State agrees to the
optional clause accepting the Inter-American Court’s contentious jurisdiction, that
State is bound by all the Convention’s provisions and fully obligated to guarantee the
international protection of the human rights recognized in that Convention. Article
62(1) of the American Convention provides 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 special agreement, the jurisdiction of the
Court on all matters relating to the interpretation or application of this
Convention.
139. There is no provision in the American Convention that expressly authorizes States
Parties to withdraw their declaration of acceptance of the compulsory jurisdiction of
the Inter-American Court. Thus, any State Party that accepted the Court’s
compulsory jurisdiction can only extricate itself from that commitment by
renouncing the entire treaty. 147 Should that occur, Article 78 of the American
Convention provides that a State’s denunciation of the Convention shall take effect
one year after notification of its denunciation. The Inter-American Court has also
written that:
[a]cceptance of the Court’s binding jurisdiction is an ironclad clause to which
there can be no limitations except those expressly provided for in Article 62(1)
of the American Convention. Because the clause is so fundamental to the
operation of the Convention’s system of protection, it cannot be at the mercy of
limitations not already stipulated but invoked by States Parties for internal
reasons. 148
140. Regarding the observance, application and interpretation of treaties, Article 26 of
the 1969 Vienna Convention on the Law of Treaties (hereinafter “the Vienna
Convention”) establishes the principle of pacta sunt servanda, which states that
“[e]very treaty in force is binding upon the parties to it and must be performed by
them in good faith.” Hence the Dominican State’s duty to honor the obligations it has
internationally undertaken concerning the human rights of all persons subject to its
jurisdiction.
145
146
147
148
nd
American Convention on Human Rights (Pact of San José). November 22 , 1969. Article 33.
See also in this regard, 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; Eur. Court HR, Ireland vs. United Kingdom case, judgment of 18 January 1978, Series A
no. 25, p. 90, par. 239; Eur. Court H.R., Soering Case, decision of 26 January 1989, Series A no. 161, par. 87.
I/A Court H.R., Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999, paragraphs 40,
46 and 50.
I/A Court H.R., Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. par. 36.
Organization of American States | OAS
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