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Human Rights

By Dr. SARAH AL GHORAB


WS 2021 ©
Lecture 6
Today’s agenda

Regional and International courts


THINK !

Which international courts protect HRs


Note that..

The primary responsibility for ensuring


prosecution for serious international crimes
and other gross violations of human rights
lies with Member States.
International court of Justice (ICJ)
-Established by the Charter of the United Nations as the principal judicial organ
of the United Nations.

-Fifteen members, no two of whom may be nationals of the same state.

- Article 34: COMPETENCE OF THE COURT: Only states may be parties in cases before
the Court
Regional protection
Focus on:
European Court of Human Rights
Inter-American Court of Human Rights
African Court on Human and Peoples’ Rights
ECtHR
1949 Creation of the Council of Europe (CoE)
1950: Adoption of European Convention on Human Rights
(ECHR) (entry into force 1953)
Established European Court on Human Rights (ECtHR) in
Strasbourg 1959
ECHR: entails procedural provisions and substantive HR
guarantees
ECtHR
Procedural law:
Jurisdiction over citizens and residents in territory of MS
Party to claim: Inter-State or Individual complaint
Substantive law: Civil/political rights & freedoms
Right to life, fair hearing, private and family life, freedom of
expression, thought, conscience and religion, protection of property
Prohibition of torture, inhumane treatment, slavery, forced labor,
death penalty, arbitrary detention, discrimination.
IACtHR
Organization of American States (OAS) initiated adoption of
Inter-American Convention on Human Rights (IACHR) 1969
(entered into force 1978)
Established Inter-American Court of Human Rights (IACtHR) in
San José, CostaRica,1979
IACHR: entails procedural provisions and substantive HR
guarantees.
ACtHPR
Organization of African Unity (AU) adopted Charter on Human
and People’s Rights (ACHPR) or Banjul Charter 1981 (entered
into force 1986)
Has 53 MS
Established African Courton Human and Peoples’ Rights
(ACtHPR) in Arusha,Tanzania,in 2004
See you next week

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