LESSON 4- International protection of the human rights

OBJECTIVES
Answer to two main questions:
1.- What is the actual universal system of human rights?
2.- Which are the regional systems of human rights?
1- Universal system of human rights
The main features of the universal system:
- The necessity of overcome the State sovereignty. The process of internationalization of
human rights.
- The decisive importance of the United Nations. The Declaration and the two Covenants.
- The continue developing of other human rights instruments of the United Nations.
- Declarations. Non-binding standards.
- Conventions. Binding standards for the States who ratified them.
-The process of the adoption of international human rights instruments. Three main steps:
1. The Conventions and Declarations are adopted by the United Nations General Assembly,
first drafted by the United Nations Commission on Human Rights.
2. The Conventions and Declarations are opened for signature and ratification by the
Member States, who can formulate reservations, interpretative declarations and other
declarations.
3.The Convention or Declaration enters into force when it is ratified by the specific number
of the States said in the instrument.
-Main mechanisms for the implementation of the Conventions.
- Reporting procedure.
- Inquiry procedure.
- Complaint procedures.
- Jurisprudence and General Comments of international Courts and Committees.

2- The regional systems of human rights

2.1. America
- The Charter of the Organization of American States (1948-1951).
- The American Convention on Human Rights –Pact of San José- (1969-1978). Civil and
political Rights.
- Inter-American Commission on Human Rights.
o Promoting the human rights with different kind of actions.
o Reporting procedure: the Commission investigate allegations of
violations of human rights. The Commission can visit the States and
elaborate a Report of their findings.
 - Inter-American Court on Human Rights.
o Advisory proceedings. Opinions on matter of legal interpretation. For all
State members of the OAS.
o Adjudicatory proceedings. Judgments. Legally binding.
▪ Cases of human rights violations referred to the Convention.
▪ The cases may be lodge to the Court by the Inter-American
Commission on hhrr or by a State Party –inter-States complaint
procedures, only for the States parties of the Convention who had
accepted the jurisdiction of the Court -.
▪ The individuals may lodge the case to the Inter-American
Commission (this is applied to all States parties). The Commission
gives to the State a list of recommendations and if the State fails whit
them or the Commission decides that the case is of particular
importance or legal interest can referrer the case to the Court.

- Protocol of San Salvador (1988-1999). Economic, social and cultural rights.

o Reporting procedure. Reports of the States submitted to the Secretary

General of the OAS, who send a copy to the Inter-American Commission on
Human Rights, who formulate observations and recommendations.

▪ If it is considered that could exist a violation of the right to organize

and join trade unions or he right to education directly attributable
to a State party, could be used the complaints procedure before the
Commission and Court.
2.2. Europe
- Council of Europe.
o The European Convention for the Protection on Human Rights and
Fundamental Freedoms (1950-1953). Civil and political rights.
o The European Social Charter (1961-1965 / 1996-1999).

- European Court of Human Rights.

o Advisory proceedings. Opinions on matter of legal interpretation.

o Adjudicatory proceedings. Judgments.
▪ For all the States members of the Council of Europe.
▪ Cases of human rights violations referred to the Convention.
▪ It works as a last resort, after exhausting all remedies available at
national level.
▪ The judgments are legally binding. The States are obligated to
execute the judgment. The Committee of Ministers monitors the
execution.
▪ The cases can be referred to the Court by one or more States parties,
a group of individuals or any particular individual.
- European Committee of Social Rights.
o The States parties must submit an annual report.
o There are organizations entitled to lodge complaints. The Committee
examines the complaints and questioning the State examined, the State may
respond and finally the Committee comes to a decision.
 - European Union.
o The EU Charter of Fundamental Rights (2000-2009). Civil, political,
economic, social and cultural rights.
- European Court of Justice. Supreme interpreter of the European law.
o Binding for all State members of the EU.
o Apply to the legislation of the European Union’s institutions that
contravenes the Charter. The Court can annul the approved legislation.
o Apply to a member States who implements the European law against the
Charter. The claim is addressed to the European Commission, who can
contact with the national authorities of the State and ultimately can
denounce the State before the Court of Justice, who can annul the legislative
act.
2.3. Africa
- The African Charter on Human and Peoples’ Rights (1981-1986). African Union.
o Civil, political, economical, social and cultural rights.
o Individual and collective rights and individual duties.
- African Commission on Human and People’s Rights.
o Promoting the human and people’s rights through different kind of actions
o Interpreting the Charter at the request of a Sate or recognized institutions
or organizations.
o Reports from the States parties every two years.
o Communications from States parties (inter-States proceedings), groups of
individuals or particular individuals.
▪ Try to reach an available solution with the States, if not, report and
nor binding recommendations, and can carry out the case before
the African Court on Human and People’s Rights.
- African Court on Human and People’s Rights (Protocol to the Charter, 1998-2004).
o For the States who have ratified the Charter and the Protocol.
o Complaints from the Commission on Human and People’s Rights, the States
parties, the African Intergovernmental Organizations or NGOs with
observer status.
2.4. Arab region

- The Arab Charter on human Rights ((first attempt 1994) 2004-2008).

o League of Arab States.
o Civil, political, economic, social and cultural rights.
- Is incompatible with human rights standards, as children’s rights (allows the death
penalty).
- It can be interpreted allowing the prevalence of the Sharia over international
human rights standards.
- There is a Committee on Human Rights, but there is no effective system to protect
the rights and demanding responsibility of States for violation of the rights
established therein. The Arab Court on Human Rights is not yet into force.
2.5. Asia

- There is not a regional Convention on human rights.

- The Asian Human Right’s People’s Charter is a non-legally binding document,
launched by NGO’s in 1998.
- There is not a regional mechanism to protect the human rights. The Asian Human
Rights Commission, founded in 1984, is an independent, non-governmental
institution, outcome of an initiative leaded by a group of jurists and human rights
activists.