🧍🏼‍♂️International Human Rights Unit 6 – Regional Human Rights Systems Worldwide

Key Regional Human Rights Systems

• European Convention on Human Rights (ECHR) protects fundamental rights in Europe under the Council of Europe
• Inter-American System includes the American Convention on Human Rights (ACHR) and the Inter-American Commission and Court of Human Rights
  • Covers countries in the Americas that have ratified the ACHR
• African Charter on Human and Peoples' Rights (Banjul Charter) is the primary human rights instrument in Africa
  • Enforced by the African Commission on Human and Peoples' Rights and the African Court on Human and Peoples' Rights
• Arab Charter on Human Rights adopted by the League of Arab States
  • Establishes the Arab Human Rights Committee to monitor compliance
• ASEAN Human Rights Declaration adopted by the Association of Southeast Asian Nations (ASEAN)
  • Not legally binding but sets human rights standards for the region

Historical Development

• Regional human rights systems emerged in the aftermath of World War II
  • Aimed to prevent atrocities and protect individual rights at a regional level
• European Convention on Human Rights (ECHR) was the first regional human rights treaty, adopted in 1950
  • Inspired by the Universal Declaration of Human Rights (UDHR)
• American Convention on Human Rights (ACHR) adopted in 1969, entered into force in 1978
  • Builds upon the American Declaration of the Rights and Duties of Man (1948)
• African Charter on Human and Peoples' Rights (Banjul Charter) adopted in 1981, entered into force in 1986
  • Reflects African values and traditions, including collective rights
• Arab Charter on Human Rights adopted in 2004, revised version entered into force in 2008
• ASEAN Human Rights Declaration adopted in 2012, non-binding instrument

Legal Frameworks and Treaties

• Regional human rights treaties establish legally binding obligations for state parties
  • States must respect, protect, and fulfill the rights enshrined in these treaties
• European Convention on Human Rights (ECHR) protects civil and political rights
  • Includes the right to life, prohibition of torture, right to a fair trial, and freedom of expression
• American Convention on Human Rights (ACHR) covers civil, political, economic, social, and cultural rights
  • Recognizes the right to humane treatment, personal liberty, and freedom of conscience and religion
• African Charter on Human and Peoples' Rights (Banjul Charter) encompasses individual and collective rights
  • Protects the right to self-determination, development, and a satisfactory environment
• Arab Charter on Human Rights covers a wide range of rights
  • Includes the right to equality, freedom from discrimination, and the right to a nationality
• ASEAN Human Rights Declaration is a non-binding instrument
  • Affirms the Universal Declaration of Human Rights (UDHR) and other international human rights treaties

Institutional Structures

• European Court of Human Rights (ECtHR) is the judicial body of the European Convention on Human Rights (ECHR)
  • Composed of judges elected by the Parliamentary Assembly of the Council of Europe
  • Individuals can file applications directly with the ECtHR after exhausting domestic remedies
• Inter-American Commission on Human Rights (IACHR) promotes and protects human rights in the Americas
  • Receives individual petitions, conducts country visits, and issues thematic reports
• Inter-American Court of Human Rights (IACtHR) is the judicial organ of the Inter-American System
  • Interprets and applies the American Convention on Human Rights (ACHR)
  • Only the IACHR and state parties can submit cases to the IACtHR
• African Commission on Human and Peoples' Rights (ACHPR) promotes and protects rights under the Banjul Charter
  • Considers individual communications, conducts fact-finding missions, and interprets the Charter
• African Court on Human and Peoples' Rights (AfCHPR) complements the protective mandate of the ACHPR
  • Has jurisdiction over cases and disputes concerning the interpretation and application of the Banjul Charter
• Arab Human Rights Committee monitors the implementation of the Arab Charter on Human Rights
  • Reviews state reports and considers individual complaints
• ASEAN Intergovernmental Commission on Human Rights (AICHR) is a consultative body
  • Promotes human rights in Southeast Asia through dialogue, capacity building, and thematic studies

Enforcement Mechanisms

• Enforcement of regional human rights treaties relies primarily on the cooperation of state parties
• European Court of Human Rights (ECtHR) issues legally binding judgments
  • States are obligated to comply with ECtHR rulings and provide redress to victims
  • Committee of Ministers of the Council of Europe supervises the execution of judgments
• Inter-American Court of Human Rights (IACtHR) renders binding decisions
  • States must comply with IACtHR judgments and implement reparation measures
  • Inter-American Commission on Human Rights (IACHR) monitors compliance with IACtHR rulings
• African Court on Human and Peoples' Rights (AfCHPR) delivers binding judgments
  • States are required to guarantee the execution of AfCHPR decisions
  • African Commission on Human and Peoples' Rights (ACHPR) follows up on the implementation of judgments
• Arab Human Rights Committee and ASEAN Intergovernmental Commission on Human Rights (AICHR) lack binding enforcement powers
  • Rely on political pressure and dialogue to encourage compliance with human rights standards

Case Studies and Landmark Decisions

• Soering v. United Kingdom (1989) - ECtHR ruled that extradition to face the death penalty would violate the prohibition of inhuman or degrading treatment
• Velásquez Rodríguez v. Honduras (1988) - IACtHR held that states have a duty to prevent, investigate, and punish human rights violations
  • Established the concept of "forced disappearance" as a continuous violation
• SERAC and CESR v. Nigeria (2001) - ACHPR found that Nigeria violated the right to a satisfactory environment by failing to prevent oil pollution in Ogoniland
• Hissène Habré case (2016) - AfCHPR ruled that Senegal violated its obligations under the UN Convention against Torture by failing to prosecute the former Chadian dictator
• Arab Human Rights Committee and AICHR have not yet produced landmark decisions due to their limited mandates and recent establishment

Challenges and Criticisms

• Limited ratification and acceptance of jurisdiction by states
  • Not all countries in a region are parties to the respective human rights treaties
  • Some states have not accepted the jurisdiction of regional human rights courts
• Enforcement and compliance challenges
  • Lack of political will to implement decisions and recommendations
  • Limited resources and capacity of regional human rights bodies
• Cultural relativism and regional particularities
  • Tensions between universal human rights standards and regional cultural norms
  • Criticisms of Western bias in the interpretation and application of human rights
• Backlash and resistance from states
  • Threats of withdrawal or non-compliance with regional human rights mechanisms
  • Attempts to undermine the independence and effectiveness of regional bodies
• Overlap and fragmentation of regional human rights systems
  • Potential for conflicting interpretations and duplication of efforts
  • Need for greater coordination and harmonization among regional systems

Future Trends and Developments

• Strengthening the independence and effectiveness of regional human rights bodies
  • Ensuring adequate funding, staffing, and institutional support
  • Enhancing the selection process and qualifications of judges and commissioners
• Promoting universal ratification and acceptance of jurisdiction
  • Encouraging states to ratify regional human rights treaties and accept the jurisdiction of regional courts
  • Engaging in dialogue and capacity building to address reservations and objections
• Enhancing the implementation and enforcement of decisions
  • Developing effective follow-up mechanisms and monitoring systems
  • Engaging with national authorities, civil society, and other stakeholders to promote compliance
• Addressing emerging human rights challenges
  • Adapting regional human rights systems to respond to new threats and vulnerabilities
  • Incorporating issues such as climate change, digital rights, and the impact of artificial intelligence
• Fostering regional cooperation and dialogue
  • Promoting the exchange of best practices and lessons learned among regional human rights systems
  • Encouraging cross-regional initiatives and partnerships to address common challenges
• Engaging with the United Nations and other international human rights mechanisms
  • Strengthening the complementarity and coordination between regional and universal human rights systems
  • Leveraging the expertise and resources of the UN to support regional human rights efforts