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“Law Master’s” Publication “International Bill of Rights”
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(..5..)
Human Rights at Regional Perspectives
QUESTION BANK
1. Discuss the human rights contained in the African Charter on Human and Peoples'
Rights, 1981.
2. Write a detailed note on Human Rights in South Africa.
3. What is meant by SAARC, and what is the role of SAARC in promoting human rights?
4. Explain the role of the European Convention for the protection of human rights.
Short Notes
1. African Convention on Human Rights.
2. Features of ICESCR
3.
SAARC and Human Rights obstacles.
Table of Contents
I. Introduction:-..................................................................................................................48
II. European Convention on Human Rights (ECHR):- .....................................................48
1. Introduction:- .............................................................................................................48
2. Content of the Convention:- ......................................................................................49
a. Rights and freedoms granted by the Convention:-.................................................49
3. The European Court of Human Rights:-....................................................................50
III. American Convention on Human Rights:-..................................................................50
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a. Preamble:- ..............................................................................................................51
IV. African Charter on Human and Peoples’ Rights, 1981:- ............................................53
1. Introduction:- .............................................................................................................53
2. Content of the Charter:- .............................................................................................54
a. Preamble:- ..............................................................................................................54
b. Civil and Political Rights:-.....................................................................................54
c. Economic, Social and Cultural Rights:-.................................................................54
d. Peoples’ Rights and Group Rights-........................................................................54
e. Duties imposed by the Charter-..............................................................................55
https://en.wikipedia.org/wiki/Regional_human_rights_regimes.......................................59
American Convention on Human Rights ..........................................................................59
I. Introduction:-
Regional human rights bodies are playing a significant role in monitoring,
promoting and protecting human rights in several areas of the world. Across the world,
regional organisations have embarked on using public international law to improve the
lives of millions of people, defend freedom and justice and promote intra-regional trade.
In Africa, America, Europe, and Asia, these systems play a significant role in protecting
human rights, including deciding States’ responsibility for alleged human rights violations.
The main objectives of establishing regional organisations are-
a. to bring about regional cooperation among the member states and to accelerate the
pace of economic growth and development in the region.
b. To encourage the peaceful resolution of conflicts through agreements and negotiations
and ensure peace and stability in the region.
c. to ensure collective security arrangements for all the member states.
d. to bring about a balance of power in global politics.
e. to help members collectively represent their interests at international organisations like
the UN.
We will discuss them as follows-
II. European Convention on Human Rights (ECHR):-
1. Introduction:-
The Convention was the outcome of the European Congress meeting at the Hague
in 1948, attended by people across the continent. The effects of World War II had not yet
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subsided. The need was felt to ensure that the killing of human beings to such an extent
and human rights violations that took place during World War II should not happen again.
Moreover, the Congress was concerned with preventing the rapid spread of Communism
emanating from Central and Eastern Europe, spearheaded by Stalin.
Many parliamentarians, academicians and lawyers worked together to draft the
Convention. It largely drew inspiration from the UDHR, which had come into effect just a
year ago.
The European Convention on Human Rights (ECHR, in short) was adopted by the
Council of Europe in 1950. It was adopted on September 3, 1953, to guard fundamental
freedoms, human rights, and a democratic form of government in Europe. Presently, it has
16 protocols. Since then, it has proved to be the most successful convention in the field of
human rights protection.
2. Content of the Convention:-
The Convention consists of three parts. Section I (from Articles 2 to 18) contains
individuals' main rights and freedoms. Section II (from Articles 19 to 51) establishes the
court and its rules of operation. Section III contains various concluding provisions. The
Convention consists of 59 Articles.
Many of the articles in Section I are structured in two paragraphs: the first sets out
the basic right or freedom, and the second includes exclusions.
a. Rights and freedoms granted by the Convention:-
In short, the Convention has guaranteed the following rights and freedoms to every
individual within the Continent of Europe-
i. the right to life (Article 2).
ii. freedom from torture (Article 3).
iii. freedom from slavery (Article 4).
iv. the right to liberty (Article 5).
v. the right to a fair trial (Article 6).
vi. the right not to be punished for something that wasn’t against the law at the time
(Article 7).
vii. the right to respect for family and private life (Article 8).
viii. freedom of thought, conscience and religion (Article 9).
ix. freedom of expression (Article 10).
x. freedom of assembly (Article 11).
xi. the right to marry and start a family (Article 12).
xii. the right not to be discriminated against in respect of these rights (Article 14).
xiii. the right to protection of property (Protocol 1, Article 1).
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xiv. the right to education (Protocol 1, Article 2).
xv. the right to participate in free elections (Protocol 1, Article 3).
xvi. the abolition of the death penalty (Protocol 13).
3. The European Court of Human Rights:-
The European Court of Human Rights, established in 1959, applies and protects the
rights and guarantees set out in the European Convention on Human Rights.
Any individual who believes his human rights have been violated and who is unable
to remedy his claim in his national legal system (i.e. after exhausting all local remedies
available in his state) may petition the Court to hear the case and render a verdict. The
Court also hears the cases of the States.
The Court consists of 40 judges elected for nonrenewable nine-year terms. It has
single-judge formations, Committees, Chambers (7 judges), and Grand Chambers (17
judges). Member European states also follow the Court's judgments on human rights issues.
III. American Convention on Human Rights:-
1. Introduction:-
The American Convention on Human Rights, (also known as the Pact of San Jose),
is an international human rights treaty that was adopted by the member states of the
Organisation of American States (OAS) in 1969. It has been adopted by many countries
in the Western Hemisphere in San Jose, Costa Rica etc. The Convention entered into force
in 1978 and has been ratified by most American countries.
The Convention has similarities in many respects to the Universal Declaration of
Human Rights (UDHR) and the European Convention on Human Rights.
The Convention grants human rights and freedoms. It also establishes the Inter-
American Commission on Human Rights and the Inter-American Court of Human Rights.
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The Convention has two optional protocols.
2. Content of the Convention:-
a. Preamble:-
The preamble of the Convention mentions its object. According to the preamble, the
object of the Convention is “to consolidate in this hemisphere, within the framework of
the essential rights of man”.
The States reaffirm in the preamble that the essential rights of man are not derived
from one's being a national of a certain state but are based upon attributes of the human
personality and that they, therefore, justify international protection in the form of a
convention reinforcing or complementing the protection provided by the domestic law of
the American states.
b. State Obligations and Rights protected (Part-I)-
i. Chapter I:-
Chapter I establishes the state parties' general obligation to uphold the rights
outlined in the Convention to all persons under their jurisdiction and to adapt their domestic
laws to bring them into line with the Convention.
(1). Obligation to Respect Rights (Article 1)-
The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure that all persons subject to their jurisdiction can freely and
fully exercise those rights and freedoms without any discrimination for reasons of race,
colour, sex, language, religion, political or other opinions, national or social origin,
economic status, birth, or any other social condition.
(2). Domestic Legal Effects (Article 2)-
Where the exercise of any of the rights or freedoms referred to in Article 1 is not
already ensured by legislative or other provisions, the States Parties undertake to adopt, in
accordance with their constitutional processes and the provisions of this Convention, such
legislative or other measures as may be necessary to give effect to those rights or freedoms.
ii. CHAPTER II: CIVIL AND POLITICAL RIGHTS:-
The Charter grants the following civil and political rights to all persons within the
jurisdiction of the member countries to the Charter.
(1) Right to Juridical Personality (Article 3):- Every person has the right to recognition
as a person before the law.
(2). Right to Life (Article 4)-
(3) Right to Humane Treatment (Article 5.)-
(4) Freedom from Slavery (Article 6).
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(5) Right to Personal Liberty (Article 7.)
(6) Right to a Fair Trial (Article 8).
(9) Freedom from Ex Post Facto Laws (Article 9).
(10). Right to Compensation (Article 10).
(11) Right to Privacy (Article 11).
(12) Freedom of Conscience and Religion (Article 12)
(13) Freedom of Thought and Expression (Article 13).
(14) Right of Reply (Article 14).
(15) Right of Assembly (Article 15).
(16) Freedom of Association (Article 16).
(17) Rights of the Family (Article 17).
(18) Right to a Name (Article 18).
(19) Rights of the Child (Article 19).
(20) Right to Nationality (Article 20).
(21) Right to Property (Article 21).
(22) Freedom of Movement and Residence (Article 22).
(23) Right to Participate in Government (Article 23).
(24) Right to Equal Protection (Article 24).
(25) Right to Judicial Protection (Article 25).
iii. CHAPTER III: ECONOMIC, SOCIAL, AND CULTURAL RIGHTS-
Progressive Development (Article 26):-
iv. Chapter IV:-
It describes those circumstances in which certain rights can be temporarily
suspended, such as during states of emergency, and the formalities to be followed for such
suspension to be valid. However, it does not authorize any suspension of Article 3 (right to
juridical personality), Article 4 (right to life), Article 5 (right to humane treatment), Article
of conscience and religion), Article 17 (right to family), Article 18 (right to the name),
Article 19 (rights of the child), Article 20 (right to nationality), or Article 23 (right to
participate in government).
v. Chapter V Personal Responsibilities-
Relationship between Duties and Rights (Article 32)- Every person has responsibilities
to his family, his community, and mankind. The rights of each person are limited by the
rights of others, by the security of all, and by the just demands of the general welfare in a
democratic society.
v. Chapters VI, VII, VIII, and IX:-
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They contain provisions for creating and operating the two bodies responsible for
vii. Chapter X:-
It deals with mechanisms for ratifying the Convention, amending it, placing
reservations in it, or denouncing it. Various transitory provisions are set forth in Chapter
XI.
viii. Protocols:-
The Convention is supplemented with two protocols.
The first is the Additional Protocol to the American Convention on Human Rights
regarding economic, Social, and cultural rights.
The second is the Protocol to the American Convention on Human Rights to Abolish the
Death Penalty.
c. Inter-American Court's Interpretation: (Articles 52 to 69)-
The Articles in Chapter VIII make provisions for establishing the Inter-American
Court of Human Rights, its organisation, jurisdiction, functions and procedure.
The Court shall consist of seven judges, nationals of the member states of the
Organization, elected in an individual capacity from among jurists of the highest moral
authority and of recognised competence in the field of human rights, who possess the
qualifications required for the exercise of the highest judicial functions in conformity with
the law of the state of which they are nationals or of the state that proposes them as
candidates. No two judges may be nationals of the same state.
IV. African Charter on Human and Peoples’ Rights, 1981:-
1. Introduction:-
The African Charter on Human and Peoples' Rights (also known as the Banjul
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African continent's human rights and basic freedoms. It was adopted by the African Union,
which consists of fifty-three African States. The Charter came into effect on 21 October
1986. In honour of the Charter, 21 October was declared "African Human Rights Day."
2. Content of the Charter:-
The Charter includes a preamble, three parts, four Chapters, and 68 Articles. It
follows the European and Inter-American systems by creating a regional African human
rights system with unique features concerning the norms it recognises and supervisory
mechanisms.
a. Preamble:-
The preamble of the Charter mentioned the object of adopting the charter is the
duty of the African Union to achieve the total liberation of Africa, the people who are still
struggling for their dignity and genuine independence, and undertaking to eliminate
colonialism, neo-colonialism, apartheid, Zionism and to dismantle aggressive foreign
military bases and all forms of discrimination, particularly those based on race, ethnic
group, colour, sex, language, religion or political opinion and to promote and protect
human and peoples’ rights and freedoms.
b. Civil and Political Rights:-
The Charter recognises universally accepted civil and political rights. It includes the
personal integrity (Article 4), dignity (Article 5), freedom from slavery (Article 5), freedom
from cruel, inhuman or degrading treatment or punishment (Article 5), rights to due process
c. Economic, Social and Cultural Rights:-
The Charter has also recognised some of the following economic, social and cultural
d. Peoples’ Rights and Group Rights-
In addition to individual rights, the Charter has recognised collective/ group or
peoples’ rights and third-generation human rights. The group rights recognised by the
Charter are on a higher pedestal than those recognised by the European or Inter-American
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Charter. The state recognises the group's rights as family protection (Article 18). At the
e. Duties imposed by the Charter-
The Charter grants rights not only to individuals but also through Articles. 29
imposes duties as follows-
i. The duty to preserve the harmonious development of the family.
ii. To serve the national community by placing both physical and intellectual abilities at
its service.
iii. Not to compromise the security of the State.
iv. To preserve and strengthen social and national solidarity.
v. To preserve and strengthen national independence and the territorial integrity of one's
country and to contribute to its defence.
vi. To work to the best of one's abilities and competence and to pay taxes in the interest
of society.
vii. To preserve and strengthen positive African cultural values and, in general, to
viii. To contribute to the promotion and achievement of African unity to the best of one's
abilities.
***
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V. Human Rights in South Asia – SAARC
1. Introduction:-
The South Asian Association for Regional Cooperation (SAARC) is the
and Sri Lanka.
SAARC had been founded in Dhaka on 8 Dec. 1985, when the first summit of the
member states was held. Its secretariat office is in Kathmandu, Nepal.
a. Preamble of Association:-
The preamble of the Charter of Association lays down the objects of the Charter as
“Desirous of promoting peace, stability, amity and progress in the region through strict
adherence to the principles of the UNITED NATIONS CHARTER and
NON- ALIGNMENT,
particularly respect for the principles of sovereign equality,
territorial integrity, national independence, non-use of force and non-interference in the
internal affairs of other States and peaceful settlement of all disputes”.
It lays down principles, and institutional and financial arrangements to achieve the
objectives of the Association.
b. Objectives of the Association (Article I)-
The objectives of the ASSOCIATION shall be:-
a) to promote the welfare of the peoples of SOUTH ASIA and to improve their quality of
life;
b) to accelerate economic growth, social progress and cultural development in the region
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and to provide all individuals the opportunity to live in dignity and to realise their full
potentials;
c) to promote and strengthen collective self-reliance among the countries of SOUTH
ASIA;
d) to contribute to mutual trust, understanding and appreciation of one another's problems;
e) to promote active collaboration and mutual assistance in the economic, social, cultural,
technical and scientific fields;
f) to strengthen cooperation with other developing countries;
g) to strengthen cooperation among themselves in international forums on matters of
common interests; and
h) to cooperate with international and regional organisations with similar aims and
purposes.
c. Principles of the Association (Article II)-
Cooperation within the framework of the ASSOCIATION shall be based on respect
for the principles of sovereign equality, territorial integrity, political independence, non-
interference in the internal affairs of other States and mutual benefit.
d. Meetings of the heads of State or Government (Article III)-
The Heads of State or Government shall meet once a year or more often as and when
considered necessary by the Member States.
e. Council of Ministers and their functions (Article IV)-
A Council of Ministers consisting of the Foreign Ministers of the Member States
shall be established with the following functions:
a) formulation of the policies of the ASSOCIATION;
b) review of the progress of cooperation under the ASSOCIATION;
c) decision on new areas of cooperation;
d) establishment of additional mechanisms under the ASSOCIATION as deemed
necessary;
e) decision on other matters of general interest to the ASSOCIATION.
The Council of Ministers shall meet twice a year. An extraordinary session of the
Council may be held by agreement among the Member States.
f. Standing Committee and their functions (Article V)-
The Standing Committee comprising the Foreign Secretaries shall have the
following functions:
a) overall monitoring and coordination of the programme of cooperation;
b) approval of projects and programmes, and the modalities of their financing;
c) determination of inter-sectoral priorities;
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d) mobilisation of regional and external resources;
e) identification of new areas of cooperation based on appropriate studies.
The Standing Committee shall meet as often as deemed necessary.
The Standing Committee shall submit periodic reports to the Council of Ministers
and make reference to it as and when necessary for decisions on policy matters.
g. Technical Committees and their functions (Article VI)-
Technical Committees comprising representatives of Member States shall be
responsible for the implementation, coordination and monitoring of the programmes in
their respective areas of cooperation.
They shall have the following terms of reference:
i) determination of the potential and the scope of regional cooperation in agreed
areas;
ii) formulation of programmes and preparation of projects;
iii) determination of financial implications of sectoral programmes;
iv) formulation of recommendations regarding apportionment of costs;
iv) implementation and coordination of sectoral programmes;
vi) monitoring of progress in implementation.
h. Action Committees (Article VII)-
The Standing Committee may set up Action Committees comprising
Member States concerned with the implementation of projects involving more than two
but not all Member States.
i. Financial Arrangements (Article IX)-
The contribution of each Member State towards the financing of the activities of the
ASSOCIATION shall be voluntary.
j. General Provisions (Article X)-
Decisions at all levels shall be taken on the basis of unanimity.
Conclusion:-
Despite good provisions, due to geographical problems between India and Pakistan
and instability in Afghanistan, the SAARC could not perform to the mark other regional
associations performed. SAARC only remained in existence for its namesake and very little
is implemented. It has failed to achieve its objectives. The Association was more about
promoting economic welfare than the protection and promotion of human rights.
*****
References:-
African Charter on Human and Peoples' Rights
