8. In considering its temporal jurisdiction, the Court should take into account not
only the complaints of the Applicants but also the scope of the rights guaranteed
by an international instrument, the violation of which has been alleged.
9, In the instant case, the Applicants alleged that the non-payment of the totality
of their pension and severance benefits by the Respondent State constitutes a
violation of Articles 7, 8, 23, 25 and 30 of the Universal Declaration of Human
Rights.
10. The first four provisions guarantee, respectively, the right to equality and
non-discrimination, the right to an effective remedy by the national competent
tribunals, the right to work and to satisfactory working conditions and the right
to an adequate standard of living. For its part, Article 30 does not provide the
individual with a right as such; it indeed reads as follows: «Nothing in this
Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of
any of the rights and freedoms set forth herein». This provision enshrines the
classical prohibition of abuse of rights."
11. Irrespective of the importance of the rights alleged by the Applicants to have
been violated by the Respondent State, because of the failure to pay the totality
of their pension and severance benefits, the Court candeal with their alleged
violation only if the latter falls within the ambit of its jurisdiction ratione
temporis.\t is therefore important to determine precisely the date of occurrence
of the act that led to the alleged violation consisting, in the instant case, in the
non-payment of the totality of the pension and severance benefits by the
Respondent State.
12. In the instant case, several dates may
determine the origin of this instigating act.
be
taken
into
consideration
to
Zongo and Blaise Ilboudou & The Burkinabe Movement on Human and Peoples’ Rights v.
Burkina Faso).
* Other
international
legal
instruments
provide
for
such
a
ban,
as
for
example,
the
International Covenant on Civil and Political Rights (Article 5), the International Covenant on
Economic, Social and Cultural Rights (Article 5), the American Convention on Human Rights
(Article 29 (a)), the European Convention on Human Rights (Article 17) and the Charter of
Fundamental Rights of the European Union (Article 54); for a discussion of this
Sebastien van Drooghenbroeck, «L’article 17 de la Convention européenne des
"homme est-il indispensable ?», Revue trimestrielle des droits de l'homme, 2001,
566. The above provisions to some extent echo the phrase uttered by Louis Antoine
Just during the French Revolution: «No freedom for the enemies of freedom».
issue, see
droits de
pp. 541de Saint-
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