Professional Documents
Culture Documents
Comparison Heyn Notes
Comparison Heyn Notes
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
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