Human rights instruments for the americas, africa and asia

In the Americas, Africa and Asia, regional documents for the protection and promotion of human rights extend the International Bill of Human Rights. The American Convention on Human Rights pertains to the inter-American states— the Americas—and was entered into force in 1978. African States have created their own Charter on Human and Peoples’ Rights (1981) and Muslim states have created the Cairo Declaration on Human Rights in Islam (1990).

The Asian Human Rights Charter (1986) was created by the Asian Human Rights Commission, founded that year by a group of jurists and human rights activists in Hong Kong. The Charter is described as a “people’s charter,” because no governmental charter has been issued to date.

Human rights enforcement system

Human rights provisions are written into national laws in many countries. The existence, standard and level of enforcement of such laws vary widely, however, among nations. In an attempt to rectify this, continental and international enforcement bodies were created.

European Court on Human Rights

This court, located in Strasbourg, France, enforces the European Convention on Human Rights. Any person or organization whose rights have been violated by a Council of Europe Member State may seek recourse from the European Court, after exhausting all recourse in the courts of their country.

Inter-American Court on Human Rights

Established in 1979, this is an autonomous judicial institution of the Organization of American States. The Court’s objective is the Application and interpretation of the American Convention on Human Rights and other related treaties. In contrast to the European Human Rights system, individual citizens of the OAS Member States are not permitted to take cases directly to the Court but must first lodge a complaint with the Inter-American Commission on Human Rights and have that body rule on the admissibility of the claim. If ruled admissible and the State is deemed at fault, the Commission will generally serve a list of recommendations to make amends for violations. Only if the State fails to abide by the recommendations will the matter be referred to the Court.

African Court on Human Rights

The protocol to the African Charter on Human Rights and Peoples’ Rights calls for the establishment of an African Human Rights Court. Once the Court has been established, State Parties will be entitled to bring cases before the Court and the Court will also entitle particular NGOs and individuals to bring cases before it.

International Court of Justice (World Court)

The International Court of Justice is the principal judicial organ of the United Nations. Established in 1945 by the Charter of the United Nations and located in The Hague, Netherlands, the Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. It has occurred that a Member State has withdrawn from compulsory jurisdiction of the Court, accepting the Court’s jurisdiction only on a case-by-case basis. Chapter XIV of the United Nations Charter authorizes the UN Security Council to enforce World Court rulings, with such enforcement subject to the veto power of the five permanent members of the Security Council.