Regional protection Americas & Africa

19 important questions on Regional protection Americas & Africa

What are regional hr systems?

- council of europe
- eu
-OSCE
- south asia association of regional cooperation
- association of southeast asian nations.
- Organisation of american states
- African union
- Arab league
- Organisation of islamic cooperation

What are the main treaties of the american system ?

MAIN TREATIES:
•Charter of the Organization of American States (1948)
•American Declaration of the Rights and Duties of Man (1948)
•American Convention on Human Rights (1969)
• Protocol of San Salvador on ESC Rights (1988)
• Protocol to Abolish Death Penalty (1990)
Specialised treaties:
Torture, disappearances, violence against women

What is the inter amercian commission?

Inter-American Commission is both a Charter organ
and a Convention body
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What are some aspects of the amercan commission?



 Advisory opinions on compliance with
HR obligations
 Expansive victim-centered reparations
 Interim-measures

What are the challenges of Inter-American system for the protection of

human rights



CHALLENGES
•Enforcement/implementation
•Financial/operational costs
•Non-applicability of relevant human rights instruments
•Access and participation
•Range of human rights covered
•Legitimacy and authority
Human Rights & Globalization 2023

What are the achievements of Inter-American system for the protection of

human rights



Achievements:
•Strong evolution despite lack of political support
•Important for transition to democracy in the region
•Raising awareness of human rights:
•Development of human rights standards
•Advocacy role
Human Rights & Globalization 2023

What is the african commision?

African Commission of Human Rights https://www.achpr.org/
• Special rapporteurs
• Working groups
African Committee on the Rights and the Welfare of the Child

What is the afRican court?



African Court on Human and People’s Rights (to merge with the
African court Of Justice) https://en.african-court.org/
Human Rights & Globalization 2023

What are the challenges of the african human rights system?

Challenges
Challenging circumstances
(poverty, distance)
Political will;
Resources;
Proliferation of institutions

What are the merits of the human right system?

Merits:
- Success despite the circumstances;
- Broad scope and innovative protection

What do state parties to the african system need to have? And what is the balance?

States parties:
• Effective domestic systems for the protection of
human rights;
• Political will;
• Balance between the countries with a strong
commitment and those where there is not

What is the pro of regional institutions?

regional lvl we see that there is a court of law that has binding judgements. There are proposals to establish this. Regions have different viewpoints and context etc. We can say and reflect what needs to be place for a human rights mechanism that is effective. There are some elements that contribute to a well functioning human rights systems on regional level.

What is the diffrence between diffrent human rights systems?

here are 5 main mechanism that are focused on human rights but eu also play an important role in this, these are developed with another mandate. There are institutions that have an exclusive hr mandate. like the inter american systems, council of europe, multiple systems on african continent. In arab region as well and south east asia.

How do asian systems differ from the eu, african system etc?

asian nations has no judicial mechanism. There is development on hr protection in those regions but not as mich as in the eu for exemple.

How did the human rrights systems develop? In the americas?

they have a eleborate hr systems it started in 1948 with the american declaration of the rights and duties of man. This was the founding document. it was followed by the inter american commission in 1959.the inter american court in 1979 it was molded after the eu system.

Why do canada and us not recognize the court.

they all have different scope of protection. in the north of america the scope is small. the us has not recogsed the court nor has canada. canada is part of every hr treaty so why not this one? because the right to life and this provision says it starts at conception. the drafters of the convention are almost all catholic. Why didnt they make a reservation? They have a policy for not havinf reservation.

What two pillars does the african union have?

The african union has hr aspects. but there are a lot of organisation
It has both a legal and a political pillar, we have the organs which is inter government organization and there is a african peer review, they review each other

Endorious community vskenya

endorios community vs kenya
this was bought before the commission. it took away the identity of the people. A ngo bought it. the commission and court issued an ,...... it voilated their rights they were removed from their rivir and land. they were demarcated. They didnt have right to freely posses and develop. the right of development is not really developed in hr. long history a lot of things have been done. it is important for the right of development which was recognised. you have so many peoples that are relocated.

What are the clawback clausules?

claw back clauses these are criticed these are problematic because you have a right to the extent a national law allows it, states can limit it.

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