Chittagong independent university

ASSIGNMENT

Course Title :Law of Human Rights

Course code :Law 410

Submitted to: MD.ZUBAIR KASEM KHAN

Submitted by: Hasan Murad

ID:17204035

Human Rights Protection in African Region

The regional African human rights system is based on the African Charter on Human and
Peoples’ Rights (the African or Banjul Charter), which entered into force on October 21, 1986.In
June 1998, the OAU adopted the Protocol to the African Charter on Human and Peoples‘ Rights
on the Establishment of an African Court on Human and Peoples' Rights. The African Human
Rights Court is intended to complement the African Commission on Human and Peoples'
Rights,Although the Banjul Charter makes a significant contribution to the human rights corpus,
it creates an ineffectual enforcement system.Its most notable contributions are the codification of
the three "generations" of rights, including the innovative concept of peoples' rights, and the
imposition of duties on individuals. But many commentators have focused on the weaknesses in
the African system.

AFCICAN( BANJUL) CHARTER ON HUMAN AND PEOPLES RIGHT

It is Adopted in 27 June of 1981 and entered into force 21 of October 1986. Features of ACHPR:
The African Charter is an innovative human rights document. It substantially departs from the
narrow formulations of other regional and universal human rights instruments. It consists of 68
articles and is divided into four chapters: Human and Peoples’ Rights; Duties; Procedure of the
Commission; and Applicable Principles. It weaves a tapestry which includes the three
“generations” of rights: civil and political rights; economic, social, and cultural rights; and group
and peoples’ rights. Its provisions proclaim not only the rights but also impose duties on
individual members of African societies. The African Charter does not have a general derogation
clause. The Charter in effect permits states through the "claw-back" clauses to suspend, de facto,
many fundamental rights. The Charter contemplates two types of duties: duties that individuals
owe to other individuals, to the community, and the state, on the one hand, and duties that the
state bears to its subjects, on the other. The African Charter establishes a system for the
protection and promotion of human rights that is designed to function within the institutional
framework of the OAU (now AU).The Charter imposes obligations on the State party to
recognize the rights, duties and freedoms enshrined in the Charter and to adopt legislative or
other measures to give effect of them.

Main Institutions responsible for promotion and protection of human and people’s rights
are:

1. African Commission on Human and People’s Rights

2. African Court of Human and People’s Rights

3. African Commission on Human and People’s Rights

Judgment:

Once a court finds a violation, it may order remedies, including "fair compensation or
reparation." In cases of "extreme gravity and urgency," the court may order provisional remedies,
such as an injunction, to avoid irreparable harm to victims, actual or potential. The court's
judgments, which are final and without appeal, are binding on states.

Enforcement :

In its annual report to the AU, the court specifically lists states which have not complied with its
judgments. This is a "shaming" tactic that marks the violator. The AU Council of Ministers is
required to monitor the execution of the judgment on behalf of the AU Assembly. Presumably
the AU. Assembly can take additional measures to force compliance, such as passing resolutions
urging states to respect the court's judgments. Alternatively, the OAU Chairman could be
empowered to write to delinquent states asking that they honor the court's judgments.

Human Rights protection in European Region:

The European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950
is a Council of Europe (COE) convention which came into force on 3 September 1953. The
current membership of the COE is 47 and ratification of the European Convention. The original
system was characterized by the complex interplay of three institutions: the Commission, Court
of Human Rights and the Committee of Ministers. After the adoption of the Protocol 11 to the
ECHR and FFs, only the Court of Human Rights and, to a lesser extent, the Committee of
Ministers will now be involved in the human rights complaints process. The Commission of
Human Rights now ceases to exist. The new Court of Human Rights is a permanent, full-time
institution, composed of forty seven judges, representing the forty seven COE Member States.
There is a single Registry comprising the Commission secretariat (around 80 lawyers) and the
Court secretariat (20 lawyers).All council of Europe Member States must ratify the ECHR.
In the European Convention on Human Rights:

Emphasis on civil and political rights Art. 2 - The right to life, Art. 3 - Prohibition of torture and
inhuman or degrading treatment, Art. 4 - Prohibition of slavery, Art. 5 - The right to liberty and
security, Art. 6 - The right to a fair trial, Art. 7 – No punishment without law, Art. 8 – Right to
privacy and to a family life, Art. 9 – Freedom of thought conscience and religion, Art. 10 –
Freedom of expression, Art. 11 – Freedom of assembly, Art. 21 – Right to marry.

European Court of Human Rights:

In Article 19 of the ECHR established a court. Prior to Protocol 11 entering into force in 1998,
there was a Commission and a non-permanent Court. As a result of Protocol 11, the European
Court of Human Rights became Permanent and the Commission was abolished. The European
Court of Human Rights (ECtHR) has it’s seat in Strasbourg, France.

Procedure of Filing Application Charging Human Rights Violations:

The Court’s procedure is primarily in writing most applications originate in a letter to the
Registrar setting out the complaint. At this stage the case is given a file number and allocated to
a lawyer in the registry from the State against which the complaint is made. Registry may ask
further information and copies of documents and national judgments relevant to the application.
Registry will also send an application form. The form must be completed with details the name,
age , occupation, address, representative, if any, name of respondent government, subject matter
of claim, provision of Convention infringed, statement of facts and arguments on which the
applicant relies .Application is referred to the respondent government for its observation .

Composition of Court and General Procedure:

The Court consists of a number of judges equal to that of State parties to the Convection Judges
are elected by the Parliamentary assembly from a list of 3 candidates nominated by each State.

REMEDIES UNDER THE CONVENTION:

Article 41 provides that if the Court finds that there has been a violation of the Convention or
the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured
party.

Case law:

Windisch case Financial just satisfaction Pecuniary loss, non-pecuniary loss, cost and expenses
Court will award damages only in respect of losses which can be shown to have been caused by
the violation of rights.
Human Rights Protection in inter-American Region:

The Inter-American system is established within the ambit of the Organization of American
States. The system has developed a unique dual system of human rights protection. The first
system developed out of the Charter-based system; the other system emanated from the Inter-
American Convention of human rights. In the OAS system, human rights are protected under two
interrelated frameworks. The first is founded upon Charter of the OAS and the 1948 American
Declaration of the Rights and Duties of Man. The second, and more effective, is founded upon
the American Convention of Human Rights. The Convention is applicable to only those states
that have ratified it, whereas the Declaration is applicable to all OAS member states.

The Declaration of the Rights and Duties of Man

Which also forms the second instrument in the Charter-based system, on the other hand, contains
a detailed list of rights. It also contains few duties of man. The rights contained in the
Declaration range from civil and political rights to economic and social rights.

The Inter-American Convention on Human Rights

Which forms the second and main leg of the protection system, came into existence after its
adoption in 1969 and entry into force in1978. The Convention remedied the weak legal status of
the Declaration. The Convention left out some of the rights in the Declaration and completely
left out the duties. The contents of the Convention include only civil and political rights.

Other treaties of the system include:

Additional Protocol to the American Convention on Human Rights in the Area of Economic,
Social and Cultural Rights, Protocol to Abolish the Death Penalty and the Inter-American
Convention for the Prevention, Punishment, and Eradication of Violence Against Women.

Institutional Framework

1. Inter-American Commission of Human Rights

2. Inter-American Court of Human Rights

The Commission was established in 1959 and began to operate in 1960.

Composition

-Both the Court and the Commission are composed of seven members.

-Judges on the Court serve six-year terms and may be reelected once.

-Members of the Commission serve four-year terms and may also be reelected once.
Complaint procedure:

The Commission receives and processes complaints of specific human rights abuses. If the
claim is admissible and has merit, the Commission will seek to negotiate a friendly settlement
between the offending State and the injured party, or make a finding of fault and
recommendations as to how the State should resolve the matter. If the State does not comply
with the recommendations and has accepted the contentious jurisdiction of the Court, the
Commission may submit the matter to the Court, which has the power to issue legally binding
orders to the State. A State may also refer a case to the Court if it wishes to challenge the
Commission’s finding of responsibility.

Compensation

Under article 63 and 68 of ACHR has enumerated provisions to make compensation for the
breach of right or freedom and fair compensation shall be paid to the injured party by the country
concerned.

Enforcement of the judgment

As per article 65 enables the court to inform the General Assembly of OAS of situation
involving non compliance with its decisions and permits the assembly to discuss the matter and
adopt whatever political measures it deems appropriate there are some leading cases decided by
the court

-Cruz case 1989,

-Gangram pandey case ,199

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