This document summarizes some key regional human rights mechanisms in Europe and the Americas. In Europe, the key mechanisms are the European Court of Human Rights, which adjudicates cases between Council of Europe states, and the European Committee of Social Rights, which monitors compliance with the European Social Charter. In the Americas, the Inter-American Commission on Human Rights accepts petitions from individuals and states against OAS member states, while the Inter-American Court of Human Rights can hear cases but only against states that have ratified the American Convention and recognized the court's jurisdiction.

1. SHUBHAM AGGARWAL
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INTRODUCTION
Regional human rights systems, consisting of regional instruments and mechanisms,
play an increasingly important role in the promotion and protection of human rights.
Regional human rights instruments (e.g. treaties, conventions, declarations) help to
localise international human rights norms and standards, reflecting the particular
human rights concerns of the region. Regional human rights mechanisms (e.g.
commissions, special rapporteurs, courts) then help to implement these instruments
on the ground.
EUROPE
The regional arrangements for protecting human rights in Europe are extensive,
involving the Council of Europe, the European Union and the Organisation for Security
and Cooperation in Europe. Each of these intergovernmental organisations has its
own regional human rights mechanisms and instruments. Some of the most
longstanding and developed of these exist in the Council of Europe, with instruments
including the European Convention on Human Rights (ECHR), the European Social
Charter and the European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment, and corresponding mechanisms such as
the European Court of Human Rights, the European Committee of Social Rights and
the European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment. The European system also has a Commission against
Racism and Intolerance, and a Commissioner for Human Rights.
The European Committee of Social Rights monitors compliance with the European
Social Charter among the 43 Council of Europe Member States that are party to the
original 1961 Social Charter or the 1996 revised Charter. States submit periodic
reports on their implementation of the Charter’s provisions. The Committee may
also decide complaints against those States that have chosen to accept the collective
complaints procedures (currently 15 States). Complaints may be submitted only
by approved employers’ organizations, trade unions and certain non-governmental
organizations.
The European Court of Human Rights, which is located in Strasbourg, has jurisdiction
over Council of Europe member States that have opted to accept the Court’s optional
jurisdiction. Once a state has done so, all Court decisions regarding it are binding. The
Court accepts applications of instances of human rights violations from individuals as
well as States.

2. AMERICAN
The Inter-American Commissionon Human Rights may decide complaints (“petitions”)
against all 35 Member States of the Organization of American States (OAS). Petitions
must allege a violation of the American Declaration of the Rights and Duties of Man or
of the American Convention on Human Rights, provided the State concerned is one
of the 23 States that are parties to the Convention. The Commission accepts petitions
from individuals, groups of individuals, non-governmental organizations recognized by
any OAS Member State, and States. The Commission also issues emergency
protection requests (“precautionary measures”), undertakes country visits, publishes
reports on human rights conditions, holds public hearings on cases and thematic
questions, and monitors priority topics through its rapporteurships.
In addition, it is empowered under the Convention to handle individual petitions and
interstate communications. By ratifying the Convention, a State accepts the jurisdiction
of the Commission to examine individual petitions brought against it. The Commission
may only review interstate communications if both states have recognized the
jurisdiction of the Commission, in addition to ratifying the Convention (the opposite
from the European system with its mandatory inter-state communications procedure
and optional individual petition system). The American Convention also does not limit
the right to file private petitions to victims only. Any person, groups or NGO may file
individual petitions. See International Human Rights in a Nutshell at 264, 270 & 286-
7.
The Inter-American Court of Human Rights may only examine contentious cases
against States that have both: ratified the American Convention and recognized the
Inter-American Court’s jurisdiction (currently 20 States). Cases must first be decided
by the Commission before they can be referred to the Court, either by the State party
involved or by the Commission. The Court also has jurisdiction to issue advisory
opinions and to order emergency interim measures (“provisional measures”).