Published online by Cambridge University Press: 11 June 2020
Article 5 establishes important interpretive principles. It also has operative value. Article 5(1) preserves the Covenant against any misinterpretation by those seeking to legitimise the destruction of any Covenant rights of others, or the restriction of those rights to a greater extent than is provided for by the Covenant. The effect is to remove any implication that the Covenant itself provides the justification for such displacement of Covenant rights. It does not impose obligations, but it is capable of defeating OP1 petitions, and ousting assertions that the Covenant provides support for the destruction or excessive limitation of rights.
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