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-

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents