Artikel Z - [] Regional human rights courts and the issue of reservations
4 important questions on Artikel Z - [] Regional human rights courts and the issue of reservations
According to the International Human Rights reading material, what is the purpose of modern human rights treaties?
The purpose of modern human rights treaties is to protect the basic rights of individual human beings irrespective of their nationality.
How does the American Convention on Human Rights differ from other international human rights treaties?
The American Convention on Human Rights confers on private parties the right to file a petition with the Commission against any State as soon as it has ratified the Convention, while other treaties require acceptance by another State before inter-State proceedings can be initiated.
What does the reference to the Vienna Convention in Article 75 of the American Convention on Human Rights imply?
The reference to the Vienna Convention in Article 75 of the American Convention on Human Rights is understood as an express authorization for States to make reservations, as long as they are not incompatible with the object and purpose of the treaty.
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Why would it be unreasonable to delay the entry into force of the American Convention on Human Rights until another State accepts the reserving State as a party?
The American Convention on Human Rights places great importance on the protection of individual rights and makes the right of individual petition mandatory as of the moment of ratification. Therefore, delaying the entry into force until another State accepts the reserving State would serve no useful purpose.
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