The regional systems of human rights

AMERICA
The Charter of the Organization of American States (1948-1951)
“Organization of American States (OAS), organization formed to promote economic,
military, and cultural cooperation among its members, which include almost all of the
independent states of the Western Hemisphere. The OAS’s main goals are to prevent any
outside state’s intervention in the Western Hemisphere and to maintain peace between
the various states within the hemisphere”
“The creation of the OAS took place at the Ninth International Conference, held in Bogotá
in 1948. That moment was decisive for the development of Pan-Americanism, with the
approval of the Charter of the OAS, in which 21 countries of the Hemisphere, including
Colombia, engaged in the conformation of the OAS to "achieve an order of peace and
justice, to promote their solidarity, to strengthen their cooperation and to defend its
sovereignty, territorial integrity and independence "(Article 1, Charter of the OAS).”
“The Charter of the Organization of the American States (otherwise known the Charter
of the OAS) is a Pan-American treaty that sets out the creation of the Organization of
American States.”
“The American Convention on Human Rights, also known as the Pact of San José, is an
international human rights instrument.
- It was adopted in 1969
- It came into force in 1978.
- The bodies responsible for overseeing compliance with the Convention are the
Inter-American Commission on Human Rights and the Inter-American
Court of Human Rights, both of which are organs of the Organization of
American States (OAS).
- As of 2013, 25 of the 35 OAS's member states have ratified the Convention, while
two have denounced it subsequently, leaving 23 active parties.
- Trinidad and Tobago denounced the Convention on 26 May 1998 (effective 26
May 1999) over the death penalty issue.
- Venezuela denounced the Convention on 10 September 2012 accusing the Inter-
American Court and Commission to undermine its Government's stability by
interfering with its domestic affairs. (…)
- Denunciations, according to Article 78 of the ACHR, become effective one year
after having been declared. They do not release the state party from its obligations
resulting from acts that have occurred before the effective date of denunciation.
- The treaty is open to all OAS member states, although to date it has not been
ratified by Canada or several of the English-speaking Caribbean nations; the
United States signed it in 1977 but has not proceeded with ratification.”

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 Inter-American Court on human Rights (1969-1978). Inter-State and individual
complaints procedure before the Inter-American Court on human Rights.
“The Organization of American States established the Court in 1979 to enforce and
interpret the provisions of the American Convention on Human Rights.”
- Its two main functions are:

i) Adjudicatory: it hears and rules on the specific cases of human rights

violations referred to it.
o The adjudicatory function requires the Court to rule on cases brought
before it in which a state party to the Convention, and thus has accepted
its jurisdiction, is accused of a human rights violation.
- In addition to ratifying the Convention, a state party must voluntarily submit to
the Court's jurisdiction for it to be competent to hear a case involving that state.
- Acceptance of contentious jurisdiction can be given on a blanket basis – to date,
Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador,
Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru,
Suriname, Uruguay, and Venezuela have done so – or, alternatively, a state can
agree to abide by the Court's jurisdiction in a specific, individual case.

- Under the Convention, cases can be referred to the Court by either the Inter-
American Commission on Human Rights or a state party.

o In contrast to the European human rights system, individual citizens of

the OAS member states are not allowed to take cases directly to the
Court
o The following conditions must be met:
▪ Individuals who believe that their rights have been violated must
first lodge a complaint with the Commission and have that body
rule on the admissibility of the claim
▪ If the case is ruled admissible and the state deemed at fault, the
Commission will generally serve the state with a list of
recommendations to make amends for the violation.
▪ Only if the state fails to abide by these recommendations, or if
the Commission decides that the case is of particular importance
or legal interest, will the case be referred to the Court.
▪ The presentation of a case before the Court can therefore be
considered a measure of last resort, taken only after the
Commission has failed to resolve the matter in a noncontentious
fashion.
ii) Advisory: under the latter, it issues opinions on matters of legal interpretation
brought to its attention by other OAS bodies or member states.

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 - The Court's advisory function enables it to respond to consultations submitted
by OAS agencies and member states regarding the interpretation of the
Convention or other instruments governing human rights in the Americas
- It also empowers it to give advice on domestic laws and proposed legislation,
and to clarify whether or not they are compatible with the Convention's
provisions.
- This advisory jurisdiction is available to all OAS member states, not only those
that have ratified the Convention and accepted the Court's adjudicatory function.
The Court's replies to these consultations are published separately from its
contentious judgments, as advisory opinions”.

Protocol of San Salvador (1988-1999). Reporting procedure to the Inter-American

Commission on Human Rights.
“The first, the Additional Protocol to the American Convention on Human Rights
in the area of Economic, Social, and Cultural Rights (more commonly known as the
"Protocol of San Salvador"), was opened for signature in the city of San Salvador, El
Salvador, on 17 November 1988.
- It represented an attempt to take the inter-American human rights system to a
higher level by enshrining its protection of so-called second-generation rights in
the economic, social, and cultural spheres.
- The protocol's provisions cover such areas as the right to work, the right to health,
the right to food, and the right to education. It came into effect on 16 November
1999 and has been ratified by 16 nations”
- the States Parties to this Protocol undertake to submit periodic reports on the
progressive measures they have taken to ensure due respect for the rights set
forth in this Protocol
o All reports shall be submitted to the Secretary General of the OAS,
who shall transmit them to the Inter-American Economic and Social
Council and the Inter-American Council for Education, Science and
Culture so that they may examine them in accordance with the provisions
of this article.
o The Secretary General shall send a copy of such reports to the Inter-
American Commission on Human Rights (…)
o Without prejudice to the provisions of the preceding paragraph, the Inter-
American Commission on Human Rights may formulate such
observations and recommendations as it deems pertinent concerning
the status of the economic, social and cultural rights established in the
present Protocol in all or some of the States Parties, which it may
include in its Annual Report to the General Assembly or in a special
report, whichever it considers more appropriate” (Article 19 of the
Protocol).

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 EUROPE
Council of Europe
“The Council of Europe is an international organisation whose stated aim is to uphold
human rights, democracy, rule of law in Europe and promote European culture. Founded
in 1949, it has 47 member states, covers approximately 820 million people (…)
- Unlike the EU, the Council of Europe cannot make binding laws, but it does
have the power to enforce select international agreements reached by
European states on various topics.
- The best-known body of the Council of Europe is the European Court of
Human Rights, which enforces the European Convention on Human Rights

The European Convention for the Protection on Human Rights and Fundamental
Freedoms (1950-1953).
“The European Convention on Human Rights (ECHR) (formally the Convention for the
Protection of Human Rights and Fundamental Freedoms) is an international treaty to
protect human rights and fundamental freedoms in Europe.
- Drafted in 1950 by the then newly formed Council of Europe, the convention
entered into force on 3 September 1953.
- All Council of Europe member states are party to the Convention and new
members are expected to ratify the convention at the earliest opportunity.
- The Convention has several protocols, which amend the convention frameworkS
- The Convention was designed to incorporate a traditional civil liberties approach
to securing "effective political democracy", from the strongest traditions in the
United Kingdom, France and other member states of the fledgling Council of
Europe”
- The Convention established the European Court of Human Rights (ECtHR).
Any person who feels his or her rights have been violated under the
Convention by a state party can take a case to the Court. Judgments finding
violations are binding on the States concerned and they are obliged to execute
them.
- The Committee of Ministers of the Council of Europe monitors the execution of
judgements, particularly to ensure payment of the amounts awarded by the Court
to the applicants in compensation for the damage they have sustained”
The European Court of Human Rights is a supra-national or international court
established by the European Convention on Human Rights.
- It hears applications alleging that a contracting state has breached one or more of
the human rights provisions concerning civil and political rights set out in the
Convention and its protocols.
- An application can be lodged by an individual, a group of individuals or one
or more of the other contracting states, and, besides judgments, the Court
can also issue advisory opinions.

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 - The Convention was adopted within the context of the Council of Europe, and all
of its 47 member states are contracting parties to the Convention. The Court is
based in Strasbourg, France
- “as a last resort, and after exhausting all remedies available at national level,
individuals may bring an action at the European Court of Human Rights in
Strasbourg for violation by a Member State of a fundamental right
guaranteed by the European Convention on Human Rights.”
The European Social Charter (1961-1965 / 1996-1999).
“The European Social Charter is a Council of Europe treaty which was opened for
signature on October 18, 1961 and initially became effective on February 26, 1965, after
West Germany had become the fifth of the 13 signing nations to ratify it. By 1991, 20
nations had ratified it.
- The Charter was revised in 1996. The Revised Charter came into force in 1999
and is gradually replacing the initial 1961 treaty.
- The Charter sets out human rights and freedoms and establishes a supervisory
mechanism guaranteeing their respect by the States parties.
- The Charter was established to support the European Convention on Human
Rights which is principally for civil and political rights, and to broaden the scope
of protected fundamental rights to include social and economic rights.
- The Charter also guarantees positive rights and freedoms which concern all
individuals in their daily existence.
o The basic rights set out in the Charter are as follows: housing, health,
education, labour rights, full employment, reduction of working hours
equal pay for equal work, parental leave, social security, social and legal
protection from poverty and social exclusion, free movement of persons
and non-discrimination, also the rights of migrant workers and that of the
persons with disabilities.
- States Parties to the Charter must submit annual reports on a part of the
provisions of the Charter (be it the 1961 Charter or the 1996 Revised Charter),
showing how they implement them in law and in practice.”

European Committee of Social Rights. Certain organizations are entitled to lodge

complaints.
“The European Committee of Social Rights (ECSR) is the body responsible for
monitoring compliance in the States party to the Charter.
- The ECSR is composed of 15 independent members who are elected by the
Council of Europe’s Committee of Ministers for a period of six years, renewable
once.
- Under the 1995 Additional Protocol providing for a system of Collective
Complaints which came into force in 1998, complaints of violations of the
Charter may be lodged with the ECSR.

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 - Certain organisations are entitled to lodge complaints with the ECSR (a
special list of NGOs has been established, made up of NGOs enjoying
participatory status with the Council of Europe).
- The ECSR examines the complaint and, if the formal requirements have been met,
declares it admissible. The State Party may then respond in writing, and a hearing
may be requested by either party to the procedure. Finally, the Committee comes
to a decision on the merits.”

European Union.
The EU Charter of Fundamental Rights (2000-2009).
“The European Union (EU) is a political and economic union of 28 member states”
(Wikipedia)
“The Charter of Fundamental Rights of the European Union enshrines certain
political, social, and economic rights for European Union (EU) citizens and residents
into EU law.
- It was drafted by the European Convention and solemnly proclaimed on 7
December 2000 by the European Parliament, the Council of Ministers and the
European Commission.
- However, its then legal status was uncertain and it did not have full legal effect
until the entry into force of the Treaty of Lisbon on 1 December 2009.
- Under the Charter, the European Union must act and legislate consistently
with the Charter and the EU's courts will strike down legislation adopted by
the EU's institutions that contravenes it. The Charter applies to the Institutions
of the European Union and its member states when implementing European Union
law.”
European Court of Justice. Individual claiming process.
“The European Court of Justice (ECJ), officially just the Court of Justice (French:
Cour de Justice), is the highest court in the European Union in matters of European
Union law.
- As a part of the Court of Justice of the European Union it is tasked with
interpreting EU law and ensuring its equal application across all EU member
states.
- The Court was established in 1952 and is based in Luxembourg. It is composed
of one judge per member state – currently 28 – although it normally hears cases
in panels of three, five or 15 judges. (…)
- Following the entrance into force of the Treaty of Lisbon on 1 December 2009,
the ECJ's official name was changed from the "Court of Justice of the European
Communities" to the "Court of Justice" although in English it is still most common
to refer to the Court as the European Court of Justice.
- The Court of First Instance was renamed as the "General Court", and the term
"Court of Justice of the European Union" will officially designate the two courts,
as along with its specialised tribunals, taken together.”

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“The Charter of Fundamental Rights of the European Union applies to Member
States only when they are implementing EU law.
- The public authorities of the Member States – legislative, executive and judicial
– are only bound to comply with the Charter when implementing EU law, notably
when they are applying EU regulations or decisions or implementing EU
directives.
- Judges in the Member States, under the guidance of the Court of Justice, have the
power to ensure that the Charter is respected by the Member States only when
they are implementing EU law
- If an individual considers that a national authority has violated the Charter
when implementing EU law, he can complain to the Commission, which has
the power to start infringement proceedings against the Member State.
- The Commission is not a judicial body or a court of appeal against the decisions
of national or international courts. Nor does it, as a matter of principle, examine
the merits of an individual case, except if this is relevant to carry out its task of
ensuring that the Member States apply EU law correctly.
- In particular, if it detects a wider problem, the Commission can contact the
national authorities to have it fixed, and ultimately it can take a Member State to
the Court of Justice.
- The objective of these proceedings is to ensure that the national law in question
- or a practice by national administrations or courts - is aligned with the
requirements of EU law.
- When individuals or businesses consider that an act of the EU institutions directly
affecting them violates their fundamental rights, they can bring their case before
the Court of Justice, which subject to certain conditions has the power to annul
such act.
- However, an individual cannot bring an action against another person
(natural or legal) or against a Member State before the Court of Justice.
- The entry into force of the Lisbon Treaty requires the European Union to accede
to the European Convention on Human Rights. When this process is completed,
individuals who consider their human rights have been violated by the EU, after
exhausting all remedies available at national level, will also be able to bring their
case in front of the European Court of Human Rights. This will introduce an
additional judicial control in terms of protecting fundamental rights in the EU.”
The Treaty establishing the European Economic Community (Treaty of Rome) did not
include any reference to fundamental or human rights.
- Soon after the entry into force of the EEC Treaty, the Community established
itself as a major political entity with policy ramifications beyond its economic
aims.
- In 1964, the European Court of Justice handed down its decision in Costa v ENEL,
in which the Court decided that Union law should take precedence over
conflicting national law.
- This meant that national governments could not escape what they had agreed to
at a European level by enacting conflicting domestic measures, but it also
potentially meant that the EEC legislator could legislate unhindered by the

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 restrictions imposed by fundamental rights provisions enshrined in the
constitutions of member states.
- This issue came to a head in 1970 in the Internationale Handelsgesellschaft case
when a German court ruled that a piece of EEC legislation infringed the German
Basic Law.
- On a reference from the German court, the ECJ ruled that whilst the application
of Union law could not depend on its consistency with national constitutions,
fundamental rights did form an "integral part of the general principles of
[European Community] law" and that inconsistency with fundamental rights
could form the basis of a successful challenge to a European law.
- In ruling as it did in Internationale Handelsgesellschaft the ECJ had in effect
created a doctrine of unwritten rights which bound the Community institutions.
While the court's fundamental rights jurisprudence was approved by the
institutions in 1977 and a statement to that effect was inserted into the Maastricht
Treaty it was only in 1999 that the European Council formally went about the
initiating the process of drafting a codified catalogue of fundamental rights for the
EU.

AFRICA
The African Charter on Human and Peoples’ Rights (1981-1986).
“The African Charter on Human and Peoples' Rights (also known as the Banjul Charter)
is an international human rights instrument that is intended to promote and protect human
rights and basic freedoms in the African continent.
- It emerged under the aegis of the Organisation of African Unity (since replaced
by the African Union) (…)
- Oversight and interpretation of the Charter is the task of the African
Commission on Human and Peoples' Rights, which was set up in 1987 and is
now headquartered in Banjul, Gambia.
- A protocol to the Charter was subsequently adopted in 1998 whereby an
African Court on Human and Peoples' Rights was to be created. The protocol
came into effect on 25 January 2004.
- In July 2004, the AU Assembly decided that the ACHP would be incorporated
into the African Court of Justice. In July 2005, the AU Assembly then decided
that the ACHP should be operationalised despite the fact that the protocol
establishing the African Court of Justice had not yet come into effect.
- Accordingly, the Eighth Ordinary Session of the Executive Council of the African
Union meeting in Khartoum, Sudan, on 22 January 2006, elected the first judges
of the African Court on Human and Peoples' Rights. The relationship between
the newly created Court and the Commission is yet to be determined.
- As of 2016, 54 states have ratified the Charter. It has been ratified by every
AU member state.
o “The African Union (AU) is a continental union consisting of all 55
countries on the African continent”

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 Individual complaints procedure before the African Commission on Human and
People’s Rights.
“The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-
judicial body tasked with promoting and protecting human rights and collective
(peoples') rights throughout the African continent as well as interpreting the African
Charter on Human and Peoples' Rights and considering individual complaints of
violations of the Charter.
The Commission came into existence with the coming into force, on 21 October 1986”
- Individuals may file complaints of human rights violations with the Commission.
- The conditions for the admissibility of complaints are regulated by article 56 of
the CAFDH.
- Pursuant to Article 56(5) of the CAFDH, referrals to the Commission must be
made after the exhaustion of local remedies, if any, unless it is clear that such a
process would be too long.
- The African court on Human and People’s Rights (Protocol to the Charter,
1998-2004).
- Certain organizations, as the Commission, are entitled to lodge complaints.
“The African Court on Human and Peoples' Rights (the Court) is a continental court
established by African countries to ensure protection of human and peoples' rights
in Africa.
- It complements and reinforces the functions of the African Commission on
Human and Peoples' Rights.
- the Court may receive complaints and/or applications submitted to it either by the
African Commission of Human and Peoples' Rights or State parties to the Protocol
or African Intergovernmental Organizations.
- Non-Governmental Organizations with observer status before the African
Commission on Human and Peoples' Rights and individuals from States which
have made a Declaration accepting the jurisdiction of the Court can also institute
cases directly before the Court.
- As of March 2014, only seven countries had made such a declaration. Those
countries are Burkina Faso, Ghana, Malawi, Mali, Rwanda, Tanzania and
Republic of Côte d'Ivoire.
- The Court delivered its first judgment in 2009 following an application dated 11
August 2008 by Michelot Yogogombaye against the Republic of Senegal. As at
January, 2016, the Court received 74 applications and finalized 25 cases.
Currently the Court has five pending cases on its table to examine including
requests for advisory opinion.”
- Only the African Commission on Human Rights, the States Parties, the African
Intergovernmental Organizations and, where appropriate, the relevant NGOs that
have been granted observer status before the Commission, have the right to submit
a case to the decision of the Court (Article 5 of the Protocol).
- Therefore, victims of human rights violations cannot file complaints directly with
the Court, but they can (in compliance with the requirements set out in article 56

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 of the CAFDH) file them with the African Commission on Human Rights, which
may, if it deems it appropriate, submit the case to the Court".

MIDDLE EAST
The Arab Charter on human Rights (1994-2008).
“The Arab Charter on Human Rights (ACHR) was adopted by the Council of the
League of Arab States on 22 May 2004 and affirms the principles contained in the UN
Charter, the Universal Declaration of Human Rights, the International Covenants on
Human Rights and the Cairo Declaration on Human Rights in Islam.
- A number of traditional human rights are provided for, including the right to
liberty and security of persons, equality of persons before the law, protection of
persons from torture, the right to own private property, freedom to practice
religious observance and freedom of peaceful assembly and association.
- The Charter also provides for the election of a seven-person Committee of
Experts on Human Rights to consider States' reports.
- A first version of the Charter was created on 15 September 1994, but no state
ratified it. The Charter was updated in 2004 and came into force in 2008 when
seven of the members of the League of Arab States had ratified it.
- On 24 January 2008, then UN High Commissioner for Human Rights Louise
Arbour has said the Arab charter is incompatible with the UN's
understanding of universal Human Rights, including with respect to
women's rights and capital punishment for children, in addition to other
provisions in the Charter”
- “The Cairo Declaration on Human Rights in Islam (CDHRI) is a declaration of
the member states of the Organisation of the Islamic Conference adopted in Cairo,
Egypt, on 5 August 1990, (Conference of Foreign Ministers, 9–14 Muharram
1411H in the Islamic calendar) which provides an overview on the Islamic
perspective on human rights, and affirms Islamic sharia as its sole source. CDHRI
declares its purpose to be "general guidance for Member States [of the OIC] in
the field of human rights".
- This declaration is widely acknowledged as an Islamic response to the United
Nations's Universal Declaration of Human Rights (UDHR), adopted in 1948.
It guarantees many of the same rights as the UDHR and serves as a living
document of human rights guidelines prescribed for all members of the OIC
(Organization of Islamic Cooperation) to follow, but restricts them explicitly to
the limits set by the sharia”

ASIA
There is not a regional convention on human rights, but exist the Asian Human
Rights Commission.
“The Asian Human Rights Commission (AHRC) is an independent, non-
governmental body, which seeks to promote greater awareness and realisation of
human rights in the Asian region, and to mobilise Asian and international public

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opinion to obtain relief and redress for the victims of human rights violations. It was
founded in 1986 by a prominent group of jurists and human rights activists in Asia
and serves to promote civil and political rights, as well as economic, social and
cultural rights.
- AHRC endeavours to achieve the following objectives stated in the Asian Charter
"Many Asian states have guarantees of human rights in their constitutions, and
many of them have ratified international instruments on human rights.
- However, there continues to be a wide gap between rights enshrined in these
documents and the abject reality that denies people their rights. Asian states must
take urgent action to implement the human rights of their citizens and residents."
- “Asia, unlike other world regions/continents, does not yet have a region-wide
legally binding human rights charter adopted by states.
o The so-called Asian Human Rights People's Charter is not a legally
binding document but refers to an initiative launched by NGOs in
Kwangju, South Korea on 17 May 1998.
o It reflects the growing strength and determination of the human rights
movement in the Asia-Pacific region and the contribution it can make to
the international debate on human rights. The Charter affirms the
universality of all human rights both rhetorically and in law and practice.”

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