Regional Systems of Human Rights Protection

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Presentation transcript:

Regional Systems of Human Rights Protection

Regional Human Rights Conventions Council of Europe  European Convention on Human Rights (1950) Organisation of American States  American Convention on Human Rights (1969) [European Commission on Human Rights] and European Court of Human Rights Inter-American Commission of Human Rights and Inter- American Court of Human Rights

Regional Human Rights Conventions Organisation of African Unity  African Charter on Human and People’s Rights (1981) + Protocol (1998) League of Arab States  Arab Charter of Human Rights (2004) African Commission on Human and People’s Rights + African Court on Human and People’s Rights Arab Human Rights Committee

Common Features Peculiarities Positive and negative obligations Recognition of certain rights: freedom from torture, rights of the child Enforcement mechanisms and jurisdiction (broadly advisory and judicial + periodic reports by Commissions for ACHR and African Charter, strictly advisory and judicial for ECHR) Focus on civil and political rights (ACHR, ECHR), or all-encompassing (African Charter)

European Court of Human Rights Number of judges equal to that of State Parties Contentious and advisory jurisdiction (Art. 31 ff. ECHR); sections and Grand Chamber Applications submitted by any person, NGO or group claiming to be a victim of violation of ECHR; possibility for inter-State cases (Art. 32)

Inter-American Court of Human Rights 7 judges Contentious and advisory jurisdiction (Arts. 62 and 64 ACHR) Applications submitted by Commission or State party Possibility to adopt provisional measures in cases of extreme gravity and urgency to avoid irreparable damage

African Court on Human Rights 11 judges Contentious and advisory jurisdiction (Arts. 2 and 3 of Protocol) Applications submitted by Commission, State Party against which complain has been lodged at Commission, State Party on behalf of its citizen victim of human right violation, African intergovernmental organisations, NGOs with observer status and individuals