FOR LLB STUDENTS 5TH SEMESTER

1. UNIT - 3
HUMAN RIGHTS AND
REGIONAL
ARRANGEMENTS

2. Contents under Unit - 3
 European Convention on Human Rights
 American Convention on Human Rights
 African Charter on Human Rights

3. Regional Arrangements
 In international law the term ‘region’ means an area embracing the
Territories of a group of states. It is not necessary that all states under
the region should belong to one continent, but different continents.
 The essential is that the states should be bound together by the ties of
common interest I.e., there should atleast be an identity of certain
minimum values and standards.
 A region may be created by grouping the states on the basis of
economic,Social, cultural or political factors.
 Regional arrangements may be created for a wide range of purposes
such as defence,security,political or socio- economic functions and
responsibilities. These are established as it is easier to develop a sense of
community in a compact geographical area.
 States constituting a regional arrangement are required to conclude a
standing agreement.

4. Came into existence
 The Covenant of league of Nations under Article 21 had made a
provision for the regional arrangements by stating that “ nothing in
the Covenant shall be deemed to affect the validity of international
engagementssuch as treaties of arbitration or regional
understanding like the Monroe Doctrine for securing the
maintenance of peace.”
 The UN in the Charter gave due importance to regional
arrangements. Chapter VIII consisting of articles 52 to 54 is devoted
exclusively to regional arrangements.
 Article 52,Para 1 provides that regional arrangements may be
made by the states for dealing with matters relating to
maintenance of international peace and security provided that the
activitiesof such arrangements are consistent withthe purposes and
principles of the UN Charter.

5.  In the event of a conflict betweenthe obligations of the members
of the United Nations and their obligations under regional
arrangements, their obligations under the Charter shall prevail.
 Thus the obligations undertakenby the members under the Charter
are supreme and they cannot be contradicted by the members
before or after the establishmentof the organization.
 Regional arrangements being treaties are required to be registered
with the Secretariat of the United Nations in accordance of Article
102 of the Charter.

6. Regional Arrangements on Human
Rights
 The idea of regional arrangements for the promotionand protection
of human rights has been gaining recognition since the adoptionof
the Universal Declaration of Human Rights.
 The General Assembly as it’s 49th session by adopting resolution
49/189 reaffirmed that regional arrangements play a fundamental
role in promoting and protecting human rights and should reinforce
universal human rights standards, as contained in international
human rights instruments ( treaties and conventions)
 The Assembly requested the Commission on Human Rights to
continue to play special attentionto the most appropriate ways of
assisting at their request, countries of the different regions under the
programme of advisory services and to make where necessary,
relevant recommendations.

7.  Until now, we have only 4 regional agencies could be established
for the promotion and protection of human rights which are:
1. European convention on human rights
2. American convention on human rights
3. African Charter on human rights
4. Arab Charter on human rights

8. European convention on human
rights,1950
 The council of Europe is an international organization was formed by
the west European nations in 1949.
 Article 3 of the statute of the council of Europe provides that every
membermust accept the principles of the rule of law and of the
enjoyment by all persons within its jurisdiction of human rights and
fundamental freedoms.
 For the protection and promotionof human rights and fundamental
freedomstwo treatieshave been concluded under the auspices of
the council of Europe are as European Convention on human rights
and European social Charter.

9.  The statute of the council of Europe established by the congress of
Europe,made it veryclear that to achieve the objectiveof the
European unity, maintenance and promotion of human rights is
necessary. The negations withinthe council led to the emergence
of the European Convention on Human Rights.
 The European Conventionfor the protectionof human rights and
fundamental freedomswas adopted on 4th November 1950. It was
signed in Rome by the members of council. It came into force on
3rd September 1953. Now it has 47 contracting states.
 The European Convention comprises of 66 articles dividedinto 5
sections besides a preamble. The rights and freedoms recognized in
the Conventionare set forth in the first section of the convention are
articles 2 to 18 and in favour additional agreements know as
protocols.

10. Rights and freedoms under
European Convention
 The European Convention providedrights and freedomsunder
section 1 of the convention which are as follows:
Right to life –art 2 and right to libertyand security of person –art 5
Freedom from torture or to inhuman or degrading treatmentor
punishment-art 3
Freedom from slavery orservitude–art 4,Para 1
Freedom from forced or compulsory labour –art 4,Para 2
Right to a fair and public hearing –art 6
Non retroactive application of criminal law –art 7
Right tobrespect for his privateand family life,home and
correspondence-art 8

11. Right to freedom of thought, conscience and religion –art 9
Right to freedom of expression-art 10
Right to freedom of peaceful Assembly and freedom of association with others –art 11
Right to marry and to found a family-art12
Right to have effective remedy before a national tribunal against the violations of the
rights and freedoms-art 13
Right to the peaceful enjoyment of his possessions-art 1,protocol 1
Right to education –art 2 ,protocol 1
Holding of Free Elections at reasonable intervals by secret ballot – art 3,protocol 1
Abolition of death penalty -art 1,protocol 6
Freedom from expulsion from a state –art 3, protocol 4
Right of review of a conviction by a higher court –art 2,protocol 7
Freedom from collective expulsion -art 4 ,protocol 4

12. Implementation Machinery
 Section II containing art 19 providesfor the enforcement machinery
for implementation of variousrights and freedomsenshrined in the
European Convention are as :
European commission on human rights
European Court of human rights

13. European commission on human
rights
 Section 2 containing article 19 provides for establishment of the
European commission on human rights.
 Section 3 comprising articles 20 to 37 deals with powers and functions of
the commission.
Constitution:
 The Commission consisted of a number of members equal to that of
the high contracting parties.
 The Commission did not have two members who were the nationals of
the same state.
 The members were elected by the committee of the ministers by an
absolute majority of votes, from a list of names drawn up by the bureau
of the consultative assembly.
 The members elected for a period of 6 years and they are entitled for re
election.

14. Functions :
 The main function of the commission was to receivecomplaints from
the high contracting party through the Secretary General of the
council of Europe as to the breaches of the provisions of the
convention.
 The Commission could receive petitions from any person, non
governmentalorganization or group of individuals claiming to be
the victimsof a violation by one and the high contracting parties.
 The system of making petitions by the individuals against his own
government to the Commissionfor the violationof the rights
guaranteed by the convention was indeed the most distinctive
feature of the European Convention

15.  Individuals can make a petition only when the high contracting party
had declared that it recognized the competence of the commission to
receive such petitions. These petitions are optional.
 The Commission did not receive any anonymous complaints. It
examined only those matters where all domestic remedies had been
exhausted
 The Commission did not deal any petition which has already been
examined by the Commission previously or has been submitted to
another procedure or international investigation.
 If the Commission found any complaint admissible, it started its
functioning in 2 ways. The first was the investigation of the application
for ascertaining the facts. And the 2nd was securing a friendly settlement
of the matter on the basis of respect for humanrights .

16. Sub commission
 These 2 functions were performed by a sub Commission consisting of
7 members. By protocol no 3 which came into force on sep
22,1970,the system of examination of application by the sub
Commission was abrogated and in its place the provision was made
for the examination of application by the 3 members of the
commission.
 After effecting the friendly settlement, the sub commission draw a
report consisting of a brief statementof the facts and of the solution
thereof.
 The report was sent to the states concerned to the committee of
ministersand to the Secretary General of the council of Europe for
publication.

17. Committee of ministers decision
 If the solutionis not reached , the commission drew a report on the
facts and stated its opinion as to whetherthere is breach of its
obligation under the convention.
 The opinion of all the members of the commissionon this point may
be stated in the report . In such cases the report was transmitted to
the committee of ministers and the states concerned.
 If the question was not refreed to the European Court of human
rights within 3months from the date of transmission of the report to
the Committeeof ministers and took a decision by a majorityof two
third of the members and the decision can be reported and
published.

18. Expiration of the commission
 Increase in the no of applications was one of the main reasons
which led to the adoption of protocol no.11 to restructure the
control machinery of the convention in order to improve the
efficiency of its protection of human rights and fundamental
freedoms.
 The protocol came into force on November 1,1998 made a
provision for the expiration of the commission and the commission
ceased to operate from October 31,1998.
 Protocol no 11 was adopted on May 11 ,1994. The protocol
established a fundamental change in the machinery of the
convention. It abolished the commissionand the judicial functions
of the committeeof ministers. The protocol restructured the court
and allowed the individuals to apply directlyto the court. It entered
into force on November 1,1998.

19. European Court of human rights
 Section II containing article 19 provides for the establishment of the
European Court of human rights which came into operation on
November 1,1998.
 Section IV comprising of articles 38 to 56 deals with the powers and
functions of the European Court of human rights.
Composition:
 The European Court of human rights consists of a number of judges
equal to the number of the members of the council of Europe.
 Judges who are totally independent are elected by the parliamentary
assembly of the council of Europe for a term of 6years
 Judges sit on the court in their individual capacity and do not represent
any state and their term of office expire when they reach the age of 70.

20. Jurisdiction of the court
 The court shall have jurisdiction to decide the cases brought either by
the high contracting parties or by individuals.
Inter-state applications:
 A state party to the convention may refer to the court any alleged
breach of the provisions of the convention and the protocols thereto by
another contracting party.
 It implies that the system of inter state cases for the breaches of the
provisions of the European Convention shall apply automatically for the
contracting parties.
 Questions of admissibility of the cases brought by the high contracting
parties is decided by a chamber of 7 judges of the court.
 Appeal from the chamber is decided by a grand chamber consisting of
17 judges and the decision given to the state parties and they are
bound by the decision .

21. Individuals application :
 The court is empowered to receive individual applications for the
violations of human rights. It may receive applications from any person,
non governmental Organisation or group of individuals.
 The question of admissibility of the cases brought by the individualsis
decided by 3 judges of the court.
 It is to be noted that since the establishment of the Court almost all
applications have been lodged by individuals who have brought their
cases directly to the court alleging one or more violations of the
convention.
 The judgement of the court was final. The decision of the court was
binding only on the parties to the case. It was transmitted to the
committee of ministers,which supervised its execution.

22. American Convention on Human
Rights, 1969
 This is an another important regional conventions on human rights.
 It was adopted by the organization of American states at its inter
governmentalconference held in San Jose,Costa Rica on 22
November,1969 and it came into force in July, 1978.
 For the promotionand enforcement of human rights and
fundamental freedomsthe American Conventionhas adopted
following two institutions:
1. The Inter American commission on human rights
2. The Inter-American court of human rights

23. Inter American commission on
human rights
 It was established in 1959 under the American Convention on
Human Rights.
 It consists of seven memberswho are required to be person of high
moral character and recognized competence in the field of human
rights.
 They are elected in their personal capacity by the General
Assembly of the organization from a list of candidates proposed by
the governmentsof the member states.
 Article 37 of the American Conventionprovides that the member of
the commissionshall be electedfor a term of 4 years and may be
electedonly once.

24. Powers and functions
 The main function of the commission is t o promote respectfor and
defence of human rights.
In the exercise of its mandate, it shall have the following functions and
powers:
 To developan awareness of human rights among the peoples of
America.
 To make recommendations to the governments of the members
states when it considers such action advisable, for the adoption of
progressivemeasures in favour of human rights withinthe frame
work of their domesticlaw and constitutional provisions as well as
appropriate measures to further the observance of these rights.

25.  To prepare such studies or reports as it considers advisable in the
performance of its duties.
 To request the governments of the members states to supply it with
information on the measures adopted by them in mattersof human
rights.
 To respond through the General Secretariat of the organisation of
American states, to inquires made by the memberstates on matters
related to human rights and withinthe limits of its possibilities, to
provide those states withthe advisoryservices they requested.
 To take action on petition and other communications pursuant to its
authority under the American Convention
 To submit an annual report to the General Assembly of the
organization of American states.

26. Inter American Court of human
rights
 The Inter American Court of human rights was adopted by the General
Assembly of the organization of American states in the ninth regular
session held in LA Paz ,Bolivia in October 1979.
Composition :
 It consists of 7 judges and they are nationals of the member states of
organization.
 Judges are elected in their individual capacity from amongst the jurists
of the highest moral authority and of recognized competence in the
field of human rights and who are qualified for the appointment of the
highest judicial office of the state. No two judges may be the nationals
of the same state.
 Judges are elected for a term of 6 years, but they can be reelected
only once. Five judges out of seven constitute the quorum for the court.
The Commission is required to appear in all the cases before the court.

27. Jurisdiction :
 The Jurisdiction of the court shall comprise all cases concerning the
interpretation and application of the provisions of this convention that
are submitted to it, provided that the states parties to the case
recognize or have recognized its Jurisdiction.
 State parties and the commission have a right to submit a case to the
court.
 Before the court hears the case, it is necessary that the case has been
referred to the commission. The decision of the court is final.
 The court has also been conferred advisory Jurisdiction. Any member
state may consult the court regarding the interpretation of the
convention or of the other treaties concerning the protection of human
rights in the American states.

28. African Charter on human and
people’s Rights, 1981
 The African human rights system is of comparatively recent origin.
 The creation of a regional agency to protect human rights was first
proposed at the African Conference on the Rule of law ar
Lagos(Nigeria) in 1961.
 The conference sponsored by the International Court of Justice,
under the auspices of the International Commission of Justice
adopted a resolution known as Law of Logos.
 This conference invites the African governments to study the
possibilityof adopting the African Convention on Human Rights.
 The decision for drawingup a draft of an Afrcian Charter on human
and people’s rights for promotionand protectionwas taken at the
summit of heads of states and government of the Organization of
African Unity(OAU) held in Monroviain 1979.

29.  The Secretary General of OAU was authorized to convene a
meeting of high level African experts for the purpose of drawingup
of a draft of the African Chater .
 The draft was prepared by the end of 1979 and submittedfor
considerations at two sessions of the conference of OAU ministers of
Justice held at Benjul(Gambia)in 1980 and 1981 and finally
adopted in Nairobi summit in 1981. The Charter came into force on
21st October 1986.
 The Charter contains provisions dealing with rights and dutieson one
hand and protectionand promotionof those rights in other hand . It
is a unique feature of the African Charter that it places same
emphasis on the enforcement of the rights as wellas the duties.

30. Rights under charter
 Chapter I of the African Charter talks about the rights as follows:
Equality before the law-art 3
Right to respect for his life and the integrity of his person - art 4
Right to respect of the dignity inherent in a human being and the
recognitionof his legal status – art 5
Right to liberty and to security of his person – art 6
Right to be heard by competentnational organ – art 7
Freedom of conscience, the profession and free practice of religion-
art 8
Right to receive information–art 9
Right to Free association-art 10

31. Right to assemble freely with the others –art 11
Right to freedom of movement and residence –art 12
Right to participate freely in the Government of his country –art 13
Right to property-art 14
Right to work under equitable and satisfactory conditions –art 15
Right to enjoy the state of physical and mental health –art 16
Right to education – art 17
The family shall be the natural unit and baisi of society –art 18
Right to equality –art 19
Right to existence – art 20
Right to dispose wealth and natural resources-art 21

32. Right to economic, social and cultural development-art22
Right to national and international peace and security –art 23
Right to a general satisfactory environment-art24
 State parties to the Charter shall have the duty to promoteand
ensure through teaching,educationand publication the respect of
the above rights and freedoms.
 They shall have the duty to guarantee the independence of the
courts and shall allow the establishment and improvement of
appropriate national institutions entrusted withthe promotion and
protection of the rights and freedoms.

33. Duties of the Individuals
Chapter II deals with the duties of the individuals of the contracting parties are as follows:
 Duty towards his family, society and state.
 Duty to respect and consider his fellow beings without any discrimination and to
maintain relations with them
 Duty to preserve the harmonious development of the family and to work for the
cohesion and respect the family and to his parents and to maintain them in case of
need
 Duty to preserve and strengthen the national independence and territorial integrity of
his nation.
 Duty to work to the best of his abilities and to pay taxes imposed by law in interest of
the society.
 Duty to preserve and strengthen positive African cultural values in his relations with
the other members of the society.
 Duty to contribute at all times to the promotion and achievement of African unity.

34. Promotion and protection of
human and people rights
 There are 2 bodies which deal withthe promotion and protection of
human and people’s rights are as follows
1. The African commission on human and people’s rights
2. American Court on human and people’s rights

35. African commission
 It has been established within the frame work of the Organisation of
African Unity.
 It consists of 11 memebrs elected by the Assembly and no 2 persons
can be elected from one state.
 The persons nominated by the states parties should have highest
integrity, impartiality and competence in matter of rights
 Secretary of the commission shall e appointed by the secretary General
of the organization of the African unity.
 He shall provide the staff and services necessary for the effective
discharge of the duties of the commission.
 The members are elected for a six year period and also eligiblefor re
election.

36. FUNCTIONS:
Under art 45, the commission consists of following functions as
 To promote human and people’s rights and in particular
a) to collect documents, undertake studies and researchers on African
problems in the field of human and people’s rights, organize seminars
and conferences ,encourage national and local institutions
concerned with human and people’s rights and should case arise,
give its views or make recommendations to government.
b) To formulate and lay down principles and rules aimed at solving legal
problems relating to human and people’s rights and fundamental
freedoms upon which African and international institutions concerned.
c) Co operate with other African and international institutions concerned
with the promotion and protection of human and people’s rights.

37.  The Commission shall interpret all the provisions of the Charter at the
request of a state party , an institutions of OAU or African
organization recognized by the OAU.
 The Commission shall ensure the protectionof human and people’s
rights.
 The Commission shall perform any other task, which may be
entrusted to it by the assembly of the heads of the state
government.

38. African court
 The court was establishedby adoptinga protocol to the African Charter on
human and people’s rights on June 9,1998 at the summit of heads of state and
government in Ouagadougou(Barkina Faso).
 The protocol shall come into force on January 24,2004 . As of April 2014 the
protocol has been ratified by 27 of the African Unio’s 54 members.
 The court is located in Arusha(Tanzania)
Composition:
 The court shall consists of 11 judges electedby the member states of the OAU
for 6 years term of office which is renewable once only.
 Only state parties to the protocol may propose candidates. Each state may
nominate three candidates,atleast Two of whom must be their natiojals,but the
court may not comprise more than one person of the same state.
 The court elects its president and vice president for a 2 year period and
renewable once only.

39. Jurisdiction:
 The court is empowered to act both in a judicatory and an advisory
capacity.
 Article 5(2) states that the following are entitled to submit the cases to
the courtA
a) The African commission on human and people’s rights
b) State party against which the complaint has been filed
c) State party which has filed a complaint to the commission
d) The state party whose citizen is a victim of a human rights violation
e) African inter governmental organization for issues concerning them
The court can give advisory opinions to the state parties who request the
court.

40. Judgement:
 The judgment of the court are decidedby majorityof the judges.
 The court judgment is final and not subject to appeal .