7
which contain provisions related to humcm rights . Treaties of the first
category whic h arc crafted in such a manner as to g ive "subjective rights"
lO
individuals coul d beyond any doubt be considered as human rights
instruments; they arc human rights instruments par excellence. Treaties of
the first category providing essentially for undertakings by States Parties
and no subj ective rights to individuals could also be considered as human
ri ghts instruments. For treaties of the second category, that is treaties the
main purpose of wh ich is not the protection of human rights but which
conta in provisions relating to human rights, thei r case is more
problematic insofar as the said provisions generally do not grant
subjective rights to individual s within the jurisdiction of States Pariies.
The Court poss0ssing «la competence de sa c:ompchence» (Artic le 3
(2) of the Protocol), it is ror it
lO
determine wh ic h are the treaties
relating to human r ights falling within its mate r ia l j uri sdicti on,
takin g duL' con si deration of their <<rc le\·ancc» for th e ex amination
of a case (Artic le 3 (I)
or the
Pro toc o l).
16. Such a weighty issue as the applicable law required consideration by the
Court especially as 1he latter had asserted in Paragraphs 122 and 123 of
the Judgment, that its j urisdic tion extends to the interpretation and
application of both the 1966 International Covenant on Civil and Political
Rights and the 1948 Universal Declaration o f Human rights. This
assert ion o f the Court raises quest ions in relation to the first instrument
which is a treaty providing for an international monitoring body, the
Human
Rights Commi ttee
of the
United Nations;
the
risk
of
fJ:-agmentation of the international jurisprudence shou ld indeed not be
overlooked. Such an assertion also raises questions in relation to the
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