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  • Regional Human Rights Systems in Africa, Americas and Europe

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    Clar Napa
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    The document compares the regional human rights systems of Africa, the Americas, and Europe. [1] It outlines that Africa established the African Union to replace the Organization of African Unity and a court is planned but not yet established. [2] The Americas has a court in Costa Rica and the European system established a single court in 1998 to replace its earlier commission and court. [3] All systems allow states, NGOs, and sometimes individuals to file complaints.

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    Human Rights Mechanisms

    Original Title

    Comparison Heyn Notes

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    The document compares the regional human rights systems of Africa, the Americas, and Europe. [1] It outlines that Africa established the African Union to replace the Organization of African Unity and a court is planned but not yet established. [2] The Americas has a court in Costa Rica and the European system established a single court in 1998 to replace its earlier commission and court. [3] All systems allow states, NGOs, and sometimes individuals to file complaints.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    6 views2 pages

    Regional Human Rights Systems in Africa, Americas and Europe

    Uploaded by

    Clar Napa
    The document compares the regional human rights systems of Africa, the Americas, and Europe. [1] It outlines that Africa established the African Union to replace the Organization of African Unity and a court is planned but not yet established. [2] The Americas has a court in Costa Rica and the European system established a single court in 1998 to replace its earlier commission and court. [3] All systems allow states, NGOs, and sometimes individuals to file complaints.

    Copyright:

    © All Rights Reserved
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    of 2

    AFRICA INTER-AMERICAN EUROPEAN

    Regional Organization of African Unity (OAU) Organization of American State`s (OAS) Council of Europe (CoE)
    Organization replaced by African Union (AU)
    that
    established
    the system

    Supervisory The court is yet to be established There is a court in Costa Rica A single court was established in 1998,
    Bodies  Judgements that the courts can pass taking over from the earlier Commission,
    *but there the African Court of Justice for the issue WON there is a violation ( and Court.
    Human Rights - a court in Tanzania (this a binding judgement)
    court is not solely for human rights issues)  The APPEALLING, but instead Court : European court of Human rights
    answers  WON the state violated (most effective since they can implement
    Commission: Banjul, The Gambia (it its commitment to uphold and these judgements)
    Often meets in other parts of Africa) respect the human rights

    Commission: Washington DC
     To promote and enhance the
    defense of human rights,
    gives recommendations to
    governments.
     Passes upon a mere
    recommendation

    Reporting YES  the 2 years deadline and YES (ex. Inter-American commission of N/A
    Procedures submission, then every 3 years human rights, inter-american
    subsequently. commission of women)  However there is a de facto
    procedure
    Why do they report?  to update and  Not always required.
    for compliance
    Complaint Interstate communication Commission  can receive individual YES. Interstate complainst
    Procedures  Written complaint given to complaints
    the other state
     3 months to respond via Court  after procedure in commission
    written explanation is coupled with
     Then settlement or go to
    commission
    Non-state communication
    Must comply:
     State the author
     Compatible with both the
    charter fo OAU and with the
    African Charter on Human
    and Peoples’ Rights
     Not be written in insulting
    language.
     No based exclusively on news
     Only after domestic remedies
    have been exhausted
     Within a reasonable period
    from the time local remedies
    are exhausted
     Not deal with cases which
    have been settled by these
    States involved in accordance
    with the principles og the
    Charter of the United Nations.

    Who may file  States can file  States can file  States can file
    complaints  NGO can file  NGO can file  NGO can file
     Individuals can file in some  Individuals can file in some  Individuals can file in some
    instances instances instances

    Against OAS member states

    Restrictions/ YES - as provided for by national laws 1. Principle of legality Yes “where necessary”  resort only to
    permissible 2. Principle of democratic society derogation/limitation provided for in
    limitations on But no derogations allowed. 3. Principle of legal instruments
    Rights or not? necessity/proportionality

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