A Rough Guide to the Regional Human Rights Systems
1. What are regional Human Rights Systems
Regional human rights systems consist of
regional instruments - treaties, conventions, declarations
mechanisms - commissions, Courts, Special rapporteurs,
Working Groups etc
2. Why are regional Human rights important?
They play an increasingly important role in the
promotion of human rights -
protection of human rights -
localize international human rights norms and standards, reflecting
the particular human rights concerns of the region.
Help in the implementation of international human rights
instruments on the ground.
Currently, the three most well-established regional human rights systems
exist in Europe, the Americas and Africa.
1. European Human Rights System
The regional arrangements for protecting human rights in Europe are
extensive, involving the Council of Europe, the European Union and the
Organisation for Security and Cooperation in Europe. Each of these
intergovernmental organisations has its own regional human rights
mechanisms and instruments. Some of the most longstanding and
developed of these exist in the Council of Europe, with instruments
including the European Convention on Human Rights (ECHR),
the European Social Charter and the European Convention for the
Prevention of Torture and Inhuman or Degrading Treatment or
Punishment, and corresponding mechanisms such as the European Court
of Human Rights, the European Committee of Social Rights and
the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment. The European system also has
a Commission against Racism and Intolerance, and a Commissioner for
Human Rights. The European Court of Human Rights, which is located in
Strasbourg, has jurisdiction over Council of Europe member States that
have opted to accept the Court’s optional jurisdiction. Once a state has
done so, all Court decisions regarding it are binding. The Court accepts
applications of instances of human rights violations from individuals as
well as States.
2. The Inter-American Human Rights
In the Americas, a regional human rights arrangement (the inter-American
system for the protection of human rights) exists within the
intergovernmental organisation known as the Organisation of American
States (OAS). As with the United Nations (UN) human rights system, the
inter-American system features a declaration of principles (the
1948 American Declaration on the Rights and Duties of Man adopted
seven months before the Universal Declaration), a legally-binding treaty
(the American Convention on Human Rights, which entered into force in
1978), as well as Charter-based and treaty-based implementation
mechanisms (the Inter-American Commission on Human Rights and
the Inter-American Court of Human Rights respectively). The Charter-
based system applies to all member states of the OAS, while the
Convention system is legally binding only on the States parties to it. The
two systems overlap and interact in a variety of ways. The Inter-American
Commission (based in Washington DC) was established under the OAS
Charter (Chapter XV) to promote and protect human rights in the
American hemisphere. It is composed of seven independent members
(Commissioners) who serve in a personal capacity. It receives individual
petitions, monitors the human rights situation in member States and
addresses priority thematic issues. The Inter-American Commission has
created several Rapporteurships, one Special Rapporteurship and a Unit
to monitor OAS States’ compliance with inter-American human rights
treaties. This includes: a Rapporteurship on the Rights of Women, a
Rapporteurship on the Rights of the Child, a Rapporteurship on the Rights
of Indigenous Peoples, a Rapporteurship on the Rights of Persons
Deprived of Liberty, a Rapporteurship on Migrant Workers and their
Families, a Rapporteurship on the Rights of Afro-Descendants and against
Racial Discrimination, a Rapporteurship on Human Rights Defenders, and
a Special Rapporteur for Freedom of Expression. This last position is the
only Special Rapporteurship at the IACHR, meaning that the mandate-
holder is dedicated full-time to the job (all other mandates are held by
Commissioners). A Unit on the Rights of Lesbian, Gay, Trans, Bisexual, and
Intersex Persons was created in 2011. The Inter-American Court of Human
Rights (based in San Jose, Costa Rica) has two main responsibilities. First,
to hear cases submitted to it by the Commission or a State Party to the
Convention and judge whether or not a violation has been committed. The
sentence is binding and cannot be appealed, but the system does not
provide for means of enforcement. Second, the Court gives advisory
opinions interpreting the American Convention or other international
agreements relevant to the protection of human rights in the Americas. All
OAS member States, the Commission, and OAS organs to a limited extent,
can ask the Court for an advisory opinion. The member States can also
ask for an opinion on the compatibility of national law with international
instruments.
3. Africa Human Rights system
The African regional human rights system has been established within the
intergovernmental organisation known as the African Union.
The main regional human rights instrument in Africa are
The African Charter on Human and Peoples Rights -
[Link]
_african_charter_on_human_and_peoples_rights_e.pdf
The African Charter on the Rights and Welfare of the Child -
[Link]
african_charter_on_rights_welfare_of_the_child.pdf
The Protocol to the African Charter on Human and Peoples
Rights on the Rights of Women in Africa -
[Link]
WG/[Link]
Protocol to the African Charter on Human and Peoples'
Rights on the Establishment of an African Court on Human
and Peoples' Rights - [Link]
content/uploads/2020/10/2-PROTOCOL-TO-THE-AFRICAN-CHARTER-
ON-HUMAN-AND-PEOPLES-RIGHTS-ON-THE-ESTABLISHMENT-OF-AN-
[Link]
The main mechanisms are: -
The African Commission on Human and Peoples’ Rights
(ACHPR) - [Link]
client=safari&rls=en&q=african+commission+on+human+and+pe
oples+rights&ie=UTF-8&oe=UTF-8
The African Court on Human Peoples’ Rights (AfCHPR) –
[Link]
The African Committee of Experts on the Rights and Welfare
of the Child (ACERWC) - [Link]
