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Comparison Heyn Notes

The document compares the regional human rights systems of Africa, the Americas, and Europe. [1] It outlines that Africa established the African Union to replace the Organization of African Unity and a court is planned but not yet established. [2] The Americas has a court in Costa Rica and the European system established a single court in 1998 to replace its earlier commission and court. [3] All systems allow states, NGOs, and sometimes individuals to file complaints.

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103 views2 pages

Comparison Heyn Notes

The document compares the regional human rights systems of Africa, the Americas, and Europe. [1] It outlines that Africa established the African Union to replace the Organization of African Unity and a court is planned but not yet established. [2] The Americas has a court in Costa Rica and the European system established a single court in 1998 to replace its earlier commission and court. [3] All systems allow states, NGOs, and sometimes individuals to file complaints.

Uploaded by

Clar Napa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

AFRICA INTER-AMERICAN EUROPEAN

Regional Organization of African Unity (OAU) Organization of American State`s (OAS) Council of Europe (CoE)
Organization replaced by African Union (AU)
that
established
the system

Supervisory The court is yet to be established There is a court in Costa Rica A single court was established in 1998,
Bodies  Judgements that the courts can pass taking over from the earlier Commission,
*but there the African Court of Justice for the issue WON there is a violation ( and Court.
Human Rights - a court in Tanzania (this a binding judgement)
court is not solely for human rights issues)  The APPEALLING, but instead Court : European court of Human rights
answers  WON the state violated (most effective since they can implement
Commission: Banjul, The Gambia (it its commitment to uphold and these judgements)
Often meets in other parts of Africa) respect the human rights

Commission: Washington DC
 To promote and enhance the
defense of human rights,
gives recommendations to
governments.
 Passes upon a mere
recommendation

Reporting YES  the 2 years deadline and YES (ex. Inter-American commission of N/A
Procedures submission, then every 3 years human rights, inter-american
subsequently. commission of women)  However there is a de facto
procedure
Why do they report?  to update and  Not always required.
for compliance
Complaint Interstate communication Commission  can receive individual YES. Interstate complainst
Procedures  Written complaint given to complaints
the other state
 3 months to respond via Court  after procedure in commission
written explanation is coupled with
 Then settlement or go to
commission
Non-state communication
Must comply:
 State the author
 Compatible with both the
charter fo OAU and with the
African Charter on Human
and Peoples’ Rights
 Not be written in insulting
language.
 No based exclusively on news
 Only after domestic remedies
have been exhausted
 Within a reasonable period
from the time local remedies
are exhausted
 Not deal with cases which
have been settled by these
States involved in accordance
with the principles og the
Charter of the United Nations.

Who may file  States can file  States can file  States can file
complaints  NGO can file  NGO can file  NGO can file
 Individuals can file in some  Individuals can file in some  Individuals can file in some
instances instances instances

Against OAS member states

Restrictions/ YES - as provided for by national laws 1. Principle of legality Yes “where necessary”  resort only to
permissible 2. Principle of democratic society derogation/limitation provided for in
limitations on But no derogations allowed. 3. Principle of legal instruments
Rights or not? necessity/proportionality

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