The International Dimension of Human Rights during the Political Transition in Spain

Abstract

The international dimension of human rights was extraordinarily relevant both politically and legally during the political transition in Spain. The signing and ratification of the United Nations International Covenants on Economic, Social and Cultural Rights, and on Civil and Political Rights in 1976 and 1977 respectively, are clear examples of the relevance of the international dimension of human rights during those key years. The same is true, and perhaps to an even greater extent, in the context of the Council of Europe. On the very day of Spain's accession to the Council, November 24, 1977, and as a sign of the times and manifest testimony to the objectives sought by Spain, the Spanish Minister of Foreign Affairs signed the European Convention for the Protection of Human Rights and Fundamental Freedoms, which is undoubtedly the most important achievement of the Council of Europe. Soon afterwards, in a speech given on January 23, 1978, to the Assembly of the Council of Europe, the Minister of Foreign Affairs announced that the ratification of the European Convention on Human Rights was a foregone conclusion, and that the Spanish government was then studying the following measures: the signing of the European Social Charter, the signing of Additional Protocols 1, 2 and 4 of the European Convention on Human Rights, and the acceptance of a system for maximum oversight and enforcement of the rights within the framework of the Convention which would require the formulation of the unilateral declarations that are mentioned in articles 25 and 46 of said Convention regarding the Commission's competence to hear individual cases as well as the jurisdiction of the European Court of Human Rights. All of these promises were kept: Spain ratified the European Convention on Human Rights on October 10, 1979; it signed and ratified Additional Protocols 1 and 2 (although it took almost thirteen years from the signing on February 23, 1978 to ratify Protocol 1); it signed (though has not yet ratified) Additional Protocol 4; it recognized the jurisdiction of the European Court of Human Rights - which in accordance with the Convention is optional - in the instrument of ratification for the Convention; on October 10, 1979, it announced its intention to accept the competence of the European Commission of Human Rights to hear individual cases; it recognized that competence in a declaration dated June 11, 1981; and finally, it signed and ratified the European Social Charter in 1980. Spain, therefore, took on a great number of conventional obligations in the area of human rights during the transition period, especially in the context of the Council of Europe. Therefore it is reasonable to believe that Spain will maintain this openly favorable attitude towards the progressive development of a European system for the protection of human rights and not limit itself to the mere administration of the collective achievements already attained within the system.