THEORIES OF RIGHTS (PART

II)
⦿With regard to rights there are broadly three
theories.
(a) The theory of Natural Rights and Natural Law
which states that natural law confers some
natural rights on the individuals. These rights are
not created by the state but are protected and
maintained by the state,
(b) The Legal school of thought which states that,
the sovereignty of the state is the source of all
authority,
(c) The Economic theory states that, rights are
the reflection of economic conditions of the
state.
POSITIVISTISM
Legal Positivists believe that the source of rights is
Positive Law i.e. the law made by State.
Lawmaking is the prerogative of State and they do
not believe in a superior law over positive law. For
them, Natural Law is but a fiction.
In fact, they believe in separation of law from
morality because they consider morality to be
relative, which changes from person to person,
time to time and place to place. Positivists believe
that rights are creature of State and, hence, it can
suspend them in times of emergency.
NATURALISM
believes that “there are certain principles of
human conduct, awaiting discovery by human
reason, with which man-made law must conform
if it is to be valid.
These principles of human conduct are known as
principles of Natural Law.
CONTD
⦿ The presumption of Naturalists is that
these rules can be discovered by human
reason. They believe that this Natural
Law has given man certain rights, which
are “inalienable” in the sense that these
cannot be taken back or suspended by
State or any human institution. These are
rights, which are available to man by
virtue of his nature – by virtue of his being
man. Indeed, Naturalists believe in a
certain “State of Nature” when there was
no State and government at all
BRIEF HISTORY
Introduction to Human rights
INTERNATIONAL HUMAN RIGHTS
⦿ Historical documents
⦿ 539BC to 1945

⦿ UN and Human Rights

⦿ 1948 to date
•At the International Peace Conference in
The Hague in 1899 over 25 nations met
for ten weeks to codify the laws of war,
both on land and at sea. they also
formulated instruments for peaceful
crisis settlement and war prevention.

• This formal statement on the

desirability of international peace laid
the foundation for such organizations as
the League of Nations and the United
Nations.
•Twenty years later,. At the Treaty of Versailles in
1919 the League of Nations was founded/formed
"to promote international cooperation and to
achieve peace and security" throughout the
world.
• Member states agreed not to go to war with one
another without first submitting complaints to
any offending state; and for offending states
who were not members of the League, its
members pledged not to go to war without an
enquiry to the state.
•The League of Nations lasted only until 1946; it
dissolved after it failed to prevent the outbreak
of World War II.
HISTORY OF UN CHARTER
⦿ The United Nations Charter is the treaty that
established the United Nations, it was ratified on
24 October 1945. The following series of events
led to the writing of the Charter, and the UN's
founding:
⦿ Declaration of St. James Palace (June 1941)
⦿ Atlantic Charter (August 1941)
⦿ Declaration by United Nations (1 January 1942)
⦿ Moscow Declaration (October 1943) and Tehran
Conference (December 1943)
⦿ Dumbarton Oaks and Yalta Conference
(1944-1945)
⦿ San Francisco Conference (1945)
▪ The trauma and violence of World War II (WWII)
inspired the Allied Nations to try to establish a
peace-keeping organization for the prevention of the
recurrence of such horrors. On June 12, 1941, a
preliminary move toward the establishment of the
United Nations occurred with the signing of the
Inter-Allied Declaration.
▪ Two months later, President of the United States
Franklin Delano Roosevelt Winston Churchill agreed
upon a doctrine upon which to base international
cooperation. (The two main principles behind the
UN, world peace and global security, as are found in
the Atlantic Charter)
▪ The signing , the Allied Powers intended to form a
stronger, more effective organization than the
League of Nations had proven to be.
▪On January 1, 1942, representatives from the 26 Allied
nations gathered in Washington, DC to sign the
Declaration by United Nations. . It also first contained
the term "United Nations", which had been suggested
by President Roosevelt.

▪The leaders from the US, ,UK , Soviet Union(USSR)

and China met for several months in the fall of 1944 in
Washington, DC, to determine the goals, structure,
and methods of functioning for the United Nations.
These meetings held between September 21 and
October 7 became known as the Dumbarton Oaks
Conference.
On February 11, 1945, President Roosevelt, Prime Minister
Churchill and Joseph Stalin met at Yalta and announced
their resolution to "a general international organization to
maintain peace and security".

The San Francisco Conference of 1945 propelled the United

Nations into reality. On April 25, delegates from fifty
nations across the globe gathered in San Francisco, where
they negotiated and drew up the 111-article Charter of
United Nations.

The Charter was then unanimously adopted on June 25 and

signed on June 26. Poland was not represented at the
conference, but soon signed the Charter to become the 51st
and last original member state.
 The Charter's preamble
states the purpose in founding such an institution:
⦿ "We the peoples of the United Nations
determined…to reaffirm faith in fundamental
human rights, in the dignity and worth of the
human person, in the equal rights of men and
women and of nations large and small …“
The Charter itself includes the following goals:
⦿ "…To achieve international co-operation in
solving international problems of an economic,
social, cultural or humanitarian character, and in
promoting and encouraging respect for human
rights and for fundamental freedoms for all
without distinction as to race, sex, language, or
religion…"
 On January 10, 1946, the first General Assembly met
at Westminster, London. There were 51 nations
represented at this first meeting. One week later, on
January 17, the Security Council first met, also in
London. The following week, on January 24, the
General Assembly adopted its first resolution,
focusing on peaceful uses of atomic energy and the
elimination of weapons of mass destruction.

February 1 of that year saw the appointment of the

first Secretary-General, Trygve Lie, from Norway. The
UN Headquarters were first established in New York
City on October 24, 1949.
 THE UNITED
NATIONS HUMAN
RIGHTS SYSTEM

Introduction
The UN's system of human rights protection has three main
components:

first, it establishes international standards through its

Charter, legally binding treaties, non-binding declarations,
agreements, and documents;

next, it mandates Special Rapporteurs and experts, and

groups, such as working groups, committees and treaty
bodies, to work in various manners for the promotion and
protection of human rights;

finally, it offers technical assistance through the Voluntary

Fund for Advisory Services and Technical Assistance in the
field of Human Rights.
MAIN BODIES OF THE UNITED
NATIONS

⦿ The United Nations is composed of six major

bodies:
⦿ the General Assembly,
⦿ the Secretariat,
⦿ the Security Council,
⦿ the International Court of Justice,
⦿ the Trusteeship Council and
⦿ the Economic and Social Council.
General Assembly

⦿ The General Assembly is the legislative body of the UN.

It currently consists of 191 member states, all of which
must take part in its sessions and none of which may
have more than five representatives. The General
Assembly has established Permanent Committees, such
as the seven Main Committees, the Procedural
Commissions and the Permanent Commissions, that
meet between General Assembly sessions. It is also
responsible for appointing the Secretary-General, upon
recommendation from the Security Council, to a
renewable five year term.
SECRETARIAT

⦿ The Secretariat is headed by the UN SecUN

Secretary-General, who is recommended by the
Security Council and then appointed to a
five-year term by the General Assembly. It is in
charge of carrying out programs designed by
other branches of the United Nations, such as
peacekeeping missions, international dispute
mediation, and studying economic, cultural,
human rights, or social trends. It also handles
administrative details, such as speech and
documents translations, UN news and
information releases, and international
conference co-ordinations. The Secretariat hosts
around 9,000 staff members.
SECURITY COUNCIL

⦿ The Security Council possesses the power to draft

resolutions providing for the use of force against
states, with an emphasis on non-violent conflict
resolution and preventative measures. In order to pass
a resolution permitting the use of arms against a state,
it must gain at least nine "yea" votes from its fifteen
members with no vetoes. Only its permanent members
hold veto power. Its composition was established in the
UN Charter, and consists of five permanent members,
China, France, Russia, the United Kingdom and the
United States. Additionally, ten non-permanent
members serve on the Council who are elected to two
year terms. Non-members may participate in hearings
and meetings, but may not vote. The Security Council
is an important branch of the UN, developed for the
maintenance of peace and security in the world.
INTERNATIONAL COURT OF JUSTICE

⦿ The International Court of Justice (ICJ), the judicial

branch of the UN, is based in the Hague, the
Netherlands, and was established in 1945 by the
Charter of the United Nations.
⦿ All states that have signed the UN Charter are
members of the ICJ. Its jurisdiction extends to
international conflicts. Its responsibilities include:
giving opinions on concrete topics; ruling on cases;
and clarifying international legal norms.
⦿ The ICJ is the latest step in the continuing evolution
of international courts. The first such court,
Permanent Court of Arbitration, was founded in 1899
and still exists today. The Permanent Court of
International Justice was created by the League of
Nations and existed between 1922 and 1946. It
served as the model on which the International Court
of Justice is based.
ECONOMIC AND SOCIAL COUNCIL
(ECOSOC)

⦿ The Economic and Social Council (ECOSOC) makes

recommendations to the General Assembly on human
rights issues.
⦿ It reviews the reports submitted by the Commission on
Human Rights and submits the amended versions to the
General Assembly. ECOSOC is composed of 54 members
serving three year terms; members meet twice a year.
Additionally, it oversees several committees and
commissions, such as the Commission on Human Rights,
the Sub-Commission on the Promotion and Protection of
Human Rights, the Commission on the Status of Women
and the Commission on Crime Prevention and Criminal
Justice, as well as UN specialized agencies, such as the
International Labor Organization (ILO) and the World
Health Organization (WHO).
TRUSTEESHIP COUNCIL

⦿ This council was originally established to preside

over the so-called "dependent areas" within the
international Trusteeship System, under Article
75 of the UN Charter. However, the goals for and
tasks of the Council have largely been fulfilled,
and it is therefore now mostly obsolete.
Currently, the Trusteeship Council only meets if
and when a scenario requires it.
⦿ With the independence of Palau, in 1994,
formerly part of the trust territory of Pacific
islands, there presently are no trust territories,
leaving the Trusteeship Council without
responsibilities
MECHANISMS FOR
HR. PROTECTION
AND PROMOTION
UN and HUMAN RIGHTS
ORGANS OF UN

General Security
Assembly Council

ECSOC ICJ

Trusteeship
Council UN Secretariat
TYPES OF MECHANISMS
⦿ There are two types of human rights monitoring
mechanisms within the United Nations system:
⦿ treaty-based bodies. The ten human rights
Treaty Bodies, made up of committees of
independent experts, monitor implementation of
the core international human rights treaties.
⦿ The charter-based bodies include the Human
Rights Council, Special Procedures, the Universal
Periodic Review and Independent Investigations.
UN Human Rights provides expertise and support
to all of the different mechanisms.
LEGAL FRAMEWORK
⦿ International human rights law provides the
foundation for the work of UN Human Rights and
the mechanisms it supports.
⦿ UDHR first international documents of UN was
written with aim of establishing world peace by
promoting international human rights
⦿ UDHR is not a legally binding document but
established HR standards the are codified in
various international treaties
⦿ UN General assembly passed the declaration on
December 10th 1948 consisting of 30 articles
including civil, political , economics, social and
cultural rights.
CONT’D
⦿ This legal framework was born with the adoption
of the Universal Declaration of Human Rights
(UDHR), the first document in history to set out
fundamental human rights.
⦿ Together with two international covenants, it
now forms the International Bill of Human
Rights.
⦿ Since the UDHR was adopted in 1948, it has
inspired a series of legally binding international
human rights treaties, declarations and other
instruments, all underpinning and guiding UN
Human Rights’ activities today.
INTERNATIONAL BILL OF HUMAN
RIGHTS

UDHR

ICCPR ICESCR
(1966) (1966)

ICCPR ICCPR ICESCR

OP I OP II OP I
COMMISION ON HUMAN
RIGHTS(TILL 2006)
⦿ A charter based body consisting of 53 member
states ,meets for six weeks each year in Geneva
besides special sessions for expeditious dealing
of human rights abuses.
⦿ Assisted by sub commission, individual experts,
representatives and Special rapporteurs.
⦿ it has influenced international human rights
standards not only to set as well as to
enforcement
⦿ The mandate of the Commission on is to
examine, monitor and report on human rights
situations worldwide.
CONT’D
⦿ Commission on Human Rights(replaced by the
Human Rights Council)

⦿ Human Rights Council

⦿ Universal Periodic Review
⦿ Special Procedures of the Human Rights
Council
⦿ Human Rights Council Complaint Procedure
⦿ Working Groups (Communication & Situation)
UNITED NATIONS HUMAN RIGHTS
COUNCIL
⦿ The Human Rights Council is an
inter-governmental body within the United
Nations system made up of 47 States
responsible for the promotion and protection
of all human rights around the globe.
⦿ It has the ability to discuss all thematic
human rights issues and situations that
require its attention throughout the year. It
meets at the UN Office at Geneva.
UNIVERSAL PERIODIC REVIEW

⦿ The Universal Periodic Review (UPR) is a unique process

which involves a review of the human rights records of all
UN Member States. The UPR is a State-driven process,
under the auspices of the Human Rights Council, which
provides the opportunity for each State to declare what
actions they have taken to improve the human rights
situations in their countries and to fulfill their human
rights obligations.
⦿ As one of the main features of the Council, the UPR is
designed to ensure equal treatment for every country
when their human rights situations are assessed.
⦿ The ultimate aim of this mechanism is to improve the
human rights situation in all countries and address human
rights violations wherever they occur. Currently, no other
universal mechanism of this kind exists.
HUMAN RIGHTS COUNCIL
MANDATED INVESTIGATIONS
⦿ UN-mandated commissions of inquiry,
fact-finding missions and investigations
respond to situations of serious violations of
international humanitarian law and
international human rights law. They
promote accountability for these violations,
and counter impunity
⦿ These international investigative bodies have
been established by the Security Council, the
General Assembly, the Human Rights Council,
its predecessor, the Commission on Human
Rights, the Secretary-General and the High
Commissioner for Human Rights.
THE SPECIAL PROCEDURES OF THE
HUMAN RIGHTS COUNCIL
⦿ are independent human rights experts with mandates to
report and advise on human rights from a thematic or
country-specific perspective. They are non-paid and
elected for 3-year mandates that can be recon ducted for
another three years. As of October 2022, there are
45 thematic and 14 country mandates.
⦿ With the support of the Office of the United Nations High
Commissioner for Human Rights (OHCHR), special
procedures:
⦿ Undertake country visits
⦿ Act on individual cases of reported violations and concerns
of a broader nature by sending communications to States
and others
⦿ Contribute to the development of international human
rights standards, and
⦿ Engage in advocacy, raise public awareness, and provide
advice for technical cooperation.
HUMAN RIGHTS COUNCIL
COMPLAINT PROCEDURE
⦿ On 18 June 2007, the Human Rights Council adopted
resolution 5/1 entitled “Institution-Building of the United
Nations Human Rights Council” by which a new complaint
procedure was established to address consistent patterns
of gross and reliably attested violations of all human rights
and all fundamental freedoms occurring in any part of the
world and under any circumstances.
⦿ The complaint procedure addresses communications
submitted by individuals, groups, or non-governmental
organizations that claim to be victims of human rights
violations or that have direct, reliable knowledge of such
violations.
⦿ Like the former 1503 procedure, it is confidential, with a
view to enhance cooperation with the State concerned.
The new complaint procedure has been improved, where
necessary, to ensure that the procedure be impartial,
objective, efficient, victims-oriented and conducted in a
timely manner
HUMAN RIGHTS MONITRING
⦿ The commission/council also monitor the
standard it has set through different
procedures
⦿ The 1503 procedure (HRC)
⦿ The 1235 procedure (HRC)
⦿ Fact finding missions
⦿ Thematic mechanisms
⦿ Advisory (Sub Commision)
1503 PROCEDURE
⦿ It enables two UN bodies, to investigate specific
types of complaints- involving consistent or
widespread patterns of gross human rights
abuses. Like genocide, apartheid, torture, forced
mass migrations, or mass imprisonment without
trial
⦿ The 1503 Procedure, applies broadly to any
country in the world, not only UN members.
⦿ The 1503 Procedure, as amended in 2000, allows
the complaints to remain confidential, unless the
national government indicates that they should
be made public. At the same time, the 1503
procedure allows the authors of a complaint to
have their names deleted and identities not
revealed to the government.
1235 PROCEDURE
⦿ In case of failure of 1503, the commission
may invoke 1235 procedure.
⦿ The 1235 Procedure allows the Commission
on Human Rights to create an ad hoc working
group of its own members for public study of
gross violations of human rights. Based on its
own study the Commission makes
recommendations to the Economic and
Security Council. Individuals cannot use the
1235 Procedure, although NGOs can access
this mechanism.
SPECIAL PROCEDURE
⦿ Fact finding mission (FFM)
⦿ In FFM an expert or group of experts studies
the HR situation and looks for violations in a
given state with the purpose of gathering
information for 1503 or 1235 procedure.
however FFM only occur with the consent of
the state whose human rights record is being
questioned
ATHEMATIC
⦿ The special procedures of the Human Rights Council are
independent human rights experts with mandates to report and
advise on human rights from a thematic or country-specific
perspective. The system of Special Procedures is a central
element of the United Nations human rights machinery and
covers all human rights: civil, cultural, economic, political, and
social.
⦿ Mandate holders carry out country visits to analyze the human
rights situation at the national level. They typically send a letter
to the State requesting to visit the country, and, if the State
agrees, an invitation to visit is extended. Some countries have
issued "standing invitations” , which means that they are, in
principle, prepared to receive a visit from any thematic special
procedures mandate holder.
⦿ As of 1 December 2013, 106 States had extended standing
invitations to the special procedures. After their visits, special
procedures' mandate-holders issue a mission report containing
their findings and recommendations.
ADVISORY SERVICES
⦿ The commission provides educational and
informational assistance to requesting states
to help them to observe a high level of
human right protection
⦿ Assistance can be through seminars, training
courses clinics as well as advice from an
expert
EXAMPLES
⦿ Since 2006 several new Thematic Mandates were
established:
⦿ Special Rapporteur on Contemporary form of slavery (2007)
⦿ Special Rapporteur in the field of cultural rights (2009)
⦿ Working Group on the issue of discrimination against
women in law and in practice (2010)
⦿ Independent expert on the promotion of a democratic and
equitable international order (2011)
⦿ Working Group on transnational corporations and other
business enterprises(2011)
⦿ Independent Expert on the issue of human rights
obligations relating to the enjoyment of a safe, clean,
healthy and sustainable environment(2012)
COUNTRY MANDATES
⦿ The Human Rights Council also established the
following since 2006:
⦿ Independent Expert on the situation of human
rights in the Sudan (2009)
⦿ Special Rapporteur on the situation of human
rights in the Islamic republic of Iran (2011)
⦿ Special Rapporteur on the situation of human
rights in the Syrian Arab Republic (2011)
⦿ Special Rapporteur on the situation of human
rights in Belarus (2012)
⦿ Independent Expert on the situation of human
rights in Mali (2013)
SUB COMMISION ON PROTECTION
(2006)
⦿ It serve as main subsidiary body of the
Commission on human rights
⦿ It is comprised of 26 member ,independent
experts , elected by commision prportiallyto
geographical population distribution.
⦿ Sub commision meets for three weeks each
year in Geneva
FUNCTIONS
⦿ It undertakes studies to make
recommendation to the commission on
human rights
⦿ It also under take work assigned to it by
commission and ECOSOC through its 6
working groups (WG)
⦿ The WG on communication ( which considers
complaints on relevent issues together with
the replies of the Governments
CONTD’

⦿ The WG on indigenous population

⦿ The WG on minorities
⦿ The WG on adminstartion of Justice
⦿ The WG on transnational Coopeartions
⦿ The WG on contemporary forms of salvary
UNITED NATIONS HIGH
COMMISSIONER FOR HUMAN
RIGHTS (OHCHR)
⦿ As part of its core work, the Office of the provides
expertise and support to commissions and missions
established by UN bodies, and carries out missions
under the mandate of the High Commissioner for
Human Rights or at the request of other bodies.
⦿ OHCHR work includes developing guidance and tools
for the operation of commissions and missions,
advising on mandate development, investigation
methodology and applicable international law,
setting up secretariats with specialist staff, providing
administrative, logistical and security support,
providing briefing and training to members and staff,
undertaking reviews and lessons learned exercises.
⦿ Since 1992, OHCHR has provided support to and
deployed close to 50 commissions and missions.
HIGHER COMMISSIONER FOR
HUMAN RIGHTS
⦿ Position was established by general assembly
in Dec. 1993
⦿ It carries out the Secretary General ‘s “good
Office” and accountable to ECOSOC and
Secretary General
⦿ Responsible for crisis managements
assistance of states in periods of political
transitions coordination and rationalisation of
human rights programs etc.
TREATY BASED MECHANISMS
⦿ Treaty (agreement, conventions ,protocol)
⦿ Treaty based mechanism vary from charter
based mechanisms
⦿ Charter based : not binding as need
permission for execution whereas
⦿ Treaty based are backed by international
norms and therefore binding
WHAT ARE THE TREATY BODIES?
⦿ The human rights treaty bodies are committees of
independent experts that monitor implementation of
the core international human rights treaties. Each
State party to a treaty has an obligation to take steps
to ensure that everyone in the State can enjoy the
rights set out in the treaty.
⦿ There are ten human rights treaty bodies composed
of independent experts of recognized competence in
human rights, who are nominated and elected for
fixed renewable terms of four years by State parties.
⦿ The treaty bodies meet in Geneva, Switzerland. All
the treaty bodies receive support from the Human
Rights Treaties Division of OHCHR in Geneva.
TREATY BASED MECHANISMS
⦿ Treaty (Internal legal instrument)
(agreement, convention ,protocol)
The UN Human rights treaties:
⦿ ICESCR
⦿ ICCPR
⦿ ICERD
⦿ CEDAW
⦿ CAT
⦿ CRC
⦿ International Convention on the protection of the
Rights of All Migrant workers and Member of Their
Families(CMW)
UNITED NATIONS HUMAN RIGHTS
TREATY BODIES

⦿ UN Committee on the Elimination of Racial Discrimination

(CERD)
⦿ UN Committee on Economic, Social and Cultural Rights
(CESCR)
⦿ UN Human Rights Committee (CCPR)
⦿ UN Committee on the Elimination of Discrimination
Against Women (CEDAW)
⦿ UN Committee Against Torture (CAT)
⦿ UN Committee on the Rights of the Child (CRC)
⦿ UN Committee on the Protection of the Rights of All
Migrant Workers and Members of Their Families (CMW)
⦿ UN Subcommittee on Prevention of Torture (SPT)
⦿ UN Committee on the Rights of Persons with Disabilities
(CRPD)
⦿ UN Committee on Enforced Disappearances (CED)
CONT’D
⦿ The human rights treaty bodies are committees of
independent experts that monitor implementation of
the core international human rights treaties.
⦿ Each State party to a treaty has an obligation to
take steps to ensure that everyone in the State can
enjoy the rights set out in the treaty.
⦿ In addition to conducting periodic reviews of State
compliance, several of the treaty bodies may also,
under certain conditions, receive individual
complaints regarding violations (or foreseen
violations) of human rights.
⦿ In such instances they may request interim measures
(such as a stay of deportation) until they can issue a
decision on the merits of the case.
CONT’D
⦿ The Committees also publish their interpretation of the
content of human rights provisions, known as “general
comments” or “general recommendations”, on thematic
issues or methods of work.
⦿ These cover a wide range of subjects, from the
comprehensive interpretation of substantive provisions to
general guidance on the information that should be
submitted in State reports.
⦿ Following the review of a State party report, the treaty
body in question issues a set of "concluding observations"
or "recommendations", containing its collective
assessment of the State's record and recommendations for
enhanced implementation of the rights in question.
⦿ The State party is expected to take steps to implement
these recommendations in order to better fulfill its treaty
obligations and may be called upon to provide follow-up
information on steps it has taken in this regard.
UN TREATIES ON HUMAN RIGHTS
⦿ Each of these treaties has a monitoring body
(committees) , composed of the experts who
examine the reports the signatory states
submit under the treaty.
⦿ These committees are empowered to issue
concluding observation/ comments , where
they summarize their concerns about states
and also give recommendations for future.
CONTD’
⦿ some of these committees, (ICCPR, ICERD,
CEDAW and CAT) have mechanism to deal
directly with individual complaints of human
rights violations under their respective treaties
with some prerequisitions to be completed
⦿ Committees generally review reports by states
regarding the domestic actions taken to comply
with the treaty ; To consider the information
submitted by one stets against another state of
violation of treaty obligations ; to consider
individual complaints , the reports written by
NGO s and to issue "general comments”
SUBSEQUENT (REGIONAL) HUMAN
RIGHTS TREATIES
⦿ The European Convention on Human
Rights.1953
⦿ The American convention on human rights
1978.
⦿ African Charter of Human rights and People
Rights 1981
⦿ Cairo Declaration on Human Rights in
Islam(1990)
REGIONAL HUMAN RIGHTS SYSTEMS
⦿ Regional human rights systems, play an
important role in the promotion and
protection of human rights.
1) Regional human rights instruments (e.g.
treaties, conventions, declarations) help to
localise international human rights norms and
standards, reflecting the particular human
rights concerns of the region.
2) Regional human rights mechanisms (e.g.
commissions, special rapporteurs, courts)
then help to implement these instruments on
the ground.
 AN EFFECTIVE REGIONAL HUMAN RIGHTS SYSTEM FOR THE
PROMOTION AND PROTECTION OF HUMAN RIGHTS

⦿ Assists national governments with the implementation of

their international human rights obligations;
⦿ Provides people with more accessible mechanisms for the
protection of their human rights, once national remedies
have been exhausted;
⦿ Helps to raise peoples awareness of their human rights,
placing them in a more localised context and reflecting
their particular human rights concerns;
⦿ Provides regional input to the development of
international human rights standards and the improvement
of international human rights mechanisms;
⦿ Helps national governments to better address regional
human rights concerns that cross national borders; for
example, human rights concerns related to migration,
transnational crime and environmental disasters.
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