The Major Regional Human Rights Instruments and the Mechanisms for

their Implementation
By:lyn, quina, clar <3
1. Introduction
- 1950 → Adoption of European Convention on Human Rights
- 1967 → adoption of American Convention on human Rights
- 1981 → African Charter on human and Peoples’ Rights
- Trend is to render the protection not only of civil and political rights, but also of economic, social, and
cultural rights

2. African Human Rights Treaties and their Implementation

2.1 The African Charter on Human and Peoples’ Rights, 1981

● Oct 21, 1986 - entered into force
● As of April 29, 2002 - it has already 53 states parties
● Created the African Commission on Human and People’s Rights
● 1998 - Protocol to the Charter on the Establishment of an African Court of Human rights was adopted
(but as of April 30, 2002, this protocol had not yet entered into force, having only 5/15 of the required
ratification)
● Additional protocol concerning the rights of women in Africa is being developed.

2.1.1 The undertakings of the State parties

● The parties to the charter shall:
○ Recognize the rights, duties and freedoms enshrined therein
○ Undertake to adopt legislative or other measures to give effect to them
○ Such other provisions emphasizing the need for education, information adn an independent
administration of justice
○ Promotion and protection of morals and traditional values recognized by the community and the
right to development.

2.1.2 The individual and collective rights recognized

● Rights of individual human beings ​(HERD - HIRAP - D WELL - GF ) ​(freedom from... ) (see page 3 of full text to
see the full sentences per rights… i just made this for easy remembering)
○ H - heard ○ H - health ○ D - dignity
○ E - equality ○ I - information ○ W - work
○ R - religion ○ R - residence ○ E - education
○ D - discrimination ○ A - association ○ L - life
○ P - property ○ L - liberty
○-
○ G - government
○ F - family

● Rights of peoples ​(PEE-WEE)

○ P - peace
○ E - equality
○ E - economic
 ○ W - wealth
○ E - environment
○ E - existence

2.1.3 The individual duties

● Toward certain groups - “every individual shall have duties towards his family and society, the State
and other legally recognized communities and the international community
● Towards other individuals - “every individual shall have the duty to respect and consider his fellow
beings without discrimination, and to maintain relations aimed at promoting, safeguarding and
reinforcing mutual respect and tolerance.
● Other specific individual duties ​(TT-SS-CC-FU)
○ T - territorial integrity
○ T - taxes
○ S - security
○ S - solidarity
○ C -community
○ C - cultural values
○ F - family
○ U - unity

2.1.4 Permissible limitations on the exercise of rights

● The most common limitation - it should be provided by the law / provided that they abide by the law.

2.1.5 Derogations from legal obligations

● The African Charter does not provide for any right of derogation for the States parties in public
emergencies.
● Therefore, it is said that the African Charter allow for limitations to be imposed on the exercise of the
rights guaranteed, but no derogations are ever allowed from the obligations incurred under this treaty.

2.1.6 The implementation mechanism​ - The African Commission on human and Peoples’ Rights
● 11 members in their individual capacity
● 2-fold functions
○ Promoting human and peoples’ rights - by collecting documents, undertaking studies,
disseminating info, making recommendations, formulating rules and principles and cooperating
with other institutions
○ Protecting these rights - receive:
■ Inter-state communications
1. if a State party “has good reasons to believe that another State Party to this
Charter has violated the provisions” thereof, “it may draw, by written
communication, the attention of that State to the matter”
2. The State to which the communication is addressed has three months from the
receipt of the communication to submit a written explanation
3. If the matter has not been “settled to the satisfaction of the two States involved
through bilateral negotiation or by any other peaceful procedure”, either State can
bring it to the attention of the Commission
4. Notwithstanding these provisions, a State party can refer the matter directly to
the Commission (art. 49). However, the Commission can only deal with the
 matter after all domestic remedies have been exhausted in the case, “unless ...
the procedure of achieving these remedies would be unduly prolonged”
5. The States concerned may be represented before the Commission and submit
written and oral statements
6. When in possession of all necessary information and “after having tried all
appropriate means to reach an amicable solution based on the respect of Human
and Peoples’ Rights”, the Commission shall prepare a report “stating the facts
and its findings”, which shall be sent to the States concerned and to the
Assembly of Heads of State and Government
7. In transmitting its report, the Commission may make to the aforesaid Assembly
“such recommendations as it deems useful”

■ Communications other than those of the State parties

1. the Charter does not specify whether the Commission is competent to deal with
individual complaints, as such, but merely provides that, before each session of
the Commission, its Secretary “shall make a list of the communications other
than those of States Parties ... and transmit them to the members of the
Commission, who shall indicate which communication should be considered by
the Commission”
2. However, certain criteria have to be fulfilled before the Commission can consider
the case. Thus:
a. the communication must indicate the author;
b. it must be compatible both with the Charter of the OAU and with the
African Charter on Human and Peoples’ Rights;
c. it must not be written “in disparaging or insulting language”;
d. it must not be “based exclusively on news disseminated through the mass
media”;
e. it must be submitted only after all domestic remedies have been
exhausted, “unless it is obvious that this procedure is unduly prolonged”;
f. it must be submitted “within a reasonable period from the time local
remedies are exhausted”; and, finally
g. the communications must not “deal with cases which have been settled
by these States involved in accordance with the principles of the Charter
of the United Nations”, the Charter of the OAU or the African Charter on
Human and Peoples’ Rights .
3. There is no specific provision in the Charter allowing individuals or groups of
individuals to appear in person before the Commission. Before a substantive
consideration is made of a communication, it must be brought to the attention of
the State concerned
4. Subsequently, “when it appears after deliberations of the Commission that one or
more communications apparently relate to special cases which reveal the
existence of a series of serious or massive violations of human and peoples’
rights, the Commission shall draw the attention of the Assembly of Heads of
State and Government to these special cases”; the latter may then request the
Commission “to undertake an in-depth study of these cases and make a factual
report, accompanied by its findings and recommendations”
 5. Lastly, the Charter provides a procedure for emergency cases which shall be
submitted by the Commission to the Chairman of the Assembly, “who may
request an in-depth study” .

■ Periodic reports from the State parties

● the States parties to the Charter also undertake to submit, every two years, “ a
report on the legislative or other measures taken with a view to giving effect to”
the terms of the Charter (art. 62).
● Although the Charter provides no explicit procedure for the examination of these
periodic reports, the African Commission on Human and Peoples’ Rights has
proceeded to examine these reports in public sessions.

2.2 The African Charter on the rights and Welfare of the Child, 1990
● Nov 29, 1999 - entered into force

2.2.1 The undertakings of the State parties

● shall recognize the rights, freedoms and duties enshrined in the Charter and shall undertake to take the
necessary steps, in accordance with their constitutional processes and with the provisions of the ...
Charter, to adopt such legislative or other measures as may be necessary to give effect to the
provisions” thereof

2.2.2 The rights recognized

● Best interest of the child
● (PLEASE-F-PNR-HEAR-HNJ)
○ P - parental care ○ P - privacy
○ L - leisure ○ N- non-discrimination
○ E -expression ○ R - responsibilities (parental)
○ A - association ○ H - handicapped
○ S - social and cultural practices ○ E - economic
○ E - education ○ A - abuse
○ ○ R - religion
○ F - family ○ H - health
○ N - name and nationality
○ J - juvenile justice
2.2.3 The child’s duties
● According to article 31 of the Charter, “every child shall have responsibilities towards his family and
society, the State and other legally recognized communities and the international community”.

2.2.4 The implementation mechanism

● 11 members in their individual capacity
● Shall:
○ Promote
○ Protect the rights of the child
● Implementation mechanism
○ the reporting procedure​: every State party undertakes to submit reports on the
measures it has adopted to give effect to the provisions of the Charter within two
years of the entry into force of the Charter, and thereafter every three years (art.
 43(1)). The Charter does not specify how the Committee shall examine these
Reports;
○ the complaints procedure:​ the Committee may receive communications from any
person, group or non-governmental organization (NGO) recognized either by the
OAU, a Member State or the United Nations relating to any matter covered by the
Charter (art. 44).

3. American Human Rights Treaties and their Implementation

3.1 AMERICAN HUMAN RIGHTS TREATIES & THEIR IMPLEMENTATION

→ 1969: The American Convention on Human Rights
// aka the Pact of San Jose, Costa Rica
→ ​came into force 18 JUL 1978​; has 24 States parties as of 9 APR 2002. (Trinidad & Tobago denounced
treaty 26 May 1998)
→ reinforces the Inter-American Commission on Human Rights (1960)
→ treaty-based organ together with Inter-American Court of Human Rights, who has jurisdiction over matters
to the fulfillment of commitments made by States Parties to the Convention
→ 1988: OAS (Organization of American States) General Assembly adopted the Additional Protocol to the
American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (aka. The Protocol
of Salvador). → ​ANO BA TO?​ Well, States Parties undertake to adopt measures to achieve progressively,
through legislation or other means, the full realization of rights (ECO/SOC/EDU/SCI/CUL) which is set forth in
the Charter of the OAS, as amended by the Protocol of Buenos Aires. → Protocol entered into force 16 NOV
199; has 12 States Parties as of 9 APR 2002
→ 1990: OAS GA also adopted the Protocol to the American Convention on Human Rights to Abolish the
Death Penalty → entered into force 28 AUG 1991. → Abolition of death penalty → No reservations, but can
resere the right to apply death penalty for wartime or extremely serious crimes of a military nature. → 8 States
Parties as of 9 APR 2002

3.1.1 ​UNDERTAKINGS OF STATE PARTIES

→ “to respect the rights and freedoms recognized therein and to ensure to all persons subject to their
jurisdiction, the free and full exercise of those rights and freedoms, without any discrimination;”
→ AS INTERPRETED IN THE CASE OF MR. VELASQUEZ (hindi ko rin siya kilala, wala silang sinabi):
exercise of public authority is limited by the fact that human righs are inherent attributes and are therefore
superior to the power of the State
as a consequence of this obligation, the States must prevent, investigate and punish any vionaltion of these
rights; and try to restore the right and provide conmpensation for damages resulting from the violation
this is not achieved by the mere existence of a legal system to make it possible to comply, the government also
has to conduct itself effectively
the State also has a legal duty to take reasonable steps to prevent human rights violations ; to be able to carry
out serious investigations, identify the culprits and impose the appropriate punishment; and to ensure the
victim is given adequate compensation
this legal duty includes all those means of a legal, political, administrative and cultural nature to promote
protection of human rights and to outlaw violations
legal duty to respect and to ensure is multi-faceted and goes to the heart of the entire State structure, and the
conduct of the government

3.1.2 ​THE RIGHTS RECOGNIZED​:

right to juridical personality
right to life, including the careful regulation of the death penalty from an abolitionist perspective
right to humane treatment, including freedom from torture and cruel, inhuman or degrading
treatment/punishment
freedom from slavery, servitude, forced and compulsory labor
right to personal liberty and security, including freedom from arbitrary arrest or detention
right to a fair trial
right to freedom from ex-post facto laws
right to compensation in the event of a miscarriage of justice
right to privacy
right to freedom of conscience and religion
right to freedom of thought and expression
right of reply in case of dissemination of inaccurate and offensive statement
right to peaceful assembly
right to freedom of association
right to marry freely and to found a family
right to a name
rights of the child
right to a nationality
right to property
right to freedom of movement and residence
right to participate in gov't
right to equality before the law and equal protection of the law
right to judicial protection

UNDER THE ADDITIONAL PROTOCOL:

the principle of non-discrimination in the exercise of rights set forth in the Protocol
right to work
right to just, equitable and satisfactory conditions of work
trade union rights
right to social security
right to health
right to a healthy environment
right to food
right to education
right to the benefits of culture
right to the formation and protection of familites
rights of children
right of the elderly to protection
right of the handicapped to protection

3.1.3 ​PERMISSIBLE LIMITATIONS ON THE EXERCISE OF RIGHTS

TO BE LAWFUL under the American Convention on HR, limitations on human rights must comply with
the principle of legality → made under a law; restrictive measures must be based on law
the principle of a democratic society → measure imposed must be judged by reference to the legitimate needs
of democratic societies/institutions
the principle of necessity/proportionality → in reference with the exercise of the individual’s right must be
necessary in a democratic society for one or more specified purposes

if necessary for specifically enumerated purposes, the ff may be subject to limitation:

right to manifest one's religion and beliefs
right to freedom of thought and expression
right to freedoms of assembly and of association
right to freedom of movement and residence, including the right to leave any country, including one's own

What grounds can justify limits?:

protection of public safety, health, morals, public order, national security, or the rights and freedoms of others
the law can specify grounds to regulate the exercise of the rights and opportunities, linked to right to participate
in government

as to the principle of legality: limitations imposed must be prescribed by law, established by law, imposed in
conformity with the law, or pursuant to law.
But ART 30: restrictions on exercise of rights “may not be applied except in accordance with the laws enacted
for reasons of general interest and in accordance with the purpose for which such restrictions have been
established.” → anong ibig sabihin ng laws na to? Inter-American Court of HR has analysed it to mean “in the
context of a system for the protection of human rights cannot be dissociated from the nature and origin of that
system;” it is essential that the State actions affecting basic rights will not be left to the discretion of th gov't, but
should be surrounded by a set of guarantees designed to ensure the inviolable attributes of the individual not
be impaired. → basically means formal law
as to the principle of a democratic society: only the limitation provisions concerning the exercise of right to
assembly and the right to freedom of association provide that they must also be necessary in a democratic
society → Inter-American Court of HR has emphasized in an Advisory Opinion: on the right to freedom of
expression: → because there are restrictions in the American Convention on HR that state:
“no provision of this Convention shall be interpreted as.. (c) precluding other rights or guarantees that are
inherent in the human personality or derived from representative democracy as a form of government”
“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”
the court concluded: the question whether a restriction on freedom of imposed by a state is necessary, one of
the objectives listed must be judged by reference to the legitimate needs of democratic societies and
institutions
“the just demands of of democracy must .. guide the interpretation of the Convention, and in particular, the
interpretation of those provisions that bear a critical relationship to the preservation and functioning of
democratic institutions

3.1.4 PERMISSIBLE DEROGATIONS FROM LEGAL OBLIGATIONS

States can derogate from their obligations incurred under the Convention, but under conditions:

→ condition of exceptional threat: “in time of war, public danger, or other emergency that threatens the
independence or security of a State Party”
→ condition of non-derogability of certain obligations: no suspension can ever be made for the ff:
right to juridical personality
right to life
right to humane treatment
freedom from slavery
freedom from ex-post facto laws
freedom of conscience and religion
rights of the family
right to a name
rights of the child
right to nationality
right to participate in government
AND THE JUDICIAL GUARANTEES ESSENTIAL FOR THE PROTECTION OF SUCH RIGHTS
→ condition of strict necessity: to the extent and for the period of time strictly required by the exigencies of the
situation

the condition of consistency with other international legal obligations: the measures of derogation taken by the
SP must not be inconsistent with its other obligations under int'l law
the condition of non-discrimination: measures of derogation must not involve discrimination on the ground of
race/color/sex/language/religion/social origin
the condition of international notification: SP must immediately inform other Sps through the Sec-Gen of the
OAS, of the provisions of the application of which it has suspended, the reasons that gave rise to the
suspension, and the date set for the termination thereof.

3.1.5 THE IMPLEMENTATION MECHANISM

Inter-American Commission on HR is composed of 7 members elected in their personal capacity
Main functions:
1. develop awareness of HR in America
2. make recomms to governments of members states, when advisable
3. preparing studies and reports, as advisable
4. taking action on petitions and other communications pursuant to its authority
→ right of individual petition to the Commission is MANDATORY
→ must have exhausted domestic remedies
→ lodged within 6 months from notice of final judgment
→subject matter must NOT be pending in another international proceeding
→must contain all essential info (name/address/signature/legal rep)
→EXHAUSTION OF DOMESTIC REMEDIES NOT REQUIRED WHEN:
→domestic legislation does not afford due process of law for the protection of the right/s
allegedly violated
→where alleged victim has been denied access to domestic remedies
→where there has been unwarranted delay in rendering a final judgment

PETITION WILL BE INADMISSIBLE IF: petition does not fulfil these conditions or is manifestly groundless
→Commission can request more info, or make investigations, and hear oral statements.
→Alternatively, Commission can facilitate a settlement of the matter
→if OAS Member States have not ratified this convention, Commission is competent to receive
petitions for violations of the American Declaration on the Rights and Duties of Man.
→Can request advisory opinions from the Inter-American Court of Human Rights.
→Inter-State complaints require a specific declaration where the State concerned recognizes the
competence of the Commission to examine communications brought against another State party having made
the same declaration.
The competence of the Inter-American Court of HR:
16 APR 2001: compulsory jurisdiction accepted by 21 States.
7 judges elected in their individual capacity
Secretariat in San Jose, Costa Rica
No cases until procedure before the Commission is completed. → in cases of extreme gravity and urgency, the
Court shall adopt such provisional measures as it deems pertinent → at the request of the Commission it can
do this for cases not yet submitted.
The Court's judgments are FINAL and State Parties undertake to comply with the terms in any case to which
they are parties.
Under Additional Protocol, diff procedures: State Partiess undertake to submit periodic reports on progressive
measures for certain rights.
For the ff rights, the Protocol provides for application of complaints procedure before the Commission and
Court:
right to organize and join trade unions
right to education

3.2​ THE INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE

→ 1985 → entered into force 28 FEB 1987; → has 16 state parties as of 9 APR 2002

3.2.1 ​SCOP​E:
→ TORTURE: any act intentionally performed whereby physical or mental pain or suffering is inflicted on a
person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a
preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of
methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental
capacities, even if they do not cause physical pain or mental anguish
→ the existence of circumstances such as a state of war, threat of war, state of siege or of emergency,
domestic disturbance or strife, suspension of constitutional guarantees, domestic political instability, or other
public emergencies or disasters shall not be invoked or admitted as justification for the crime of torture.
→ the dangerous character of detainee/prisoner justify the resort to torture

3.2.2 ​UNDERTAKINGS OF THE STATE PARTIES

→ SP/s to take effective measures to prevent and punish torture within their jurisdiction → shall ensure that all
acts of torture and attempts to commit it are offenses under crim law.
→ the Convention also has provisions on the training of police officers, impartial investigations of alleged
torture, duty to establish jurisdiction over the crime of torture in certain cases, and extradition

3.2.3 IMPLEMENTATION MECHANISM

→ No specific implementation mechanism; unlike UN and EU torture conventions
→ but under ART 17: “the States Parties shall inform the Inter-American Commission on HR of any
legislative/judicial/administrative/other measures they adopt in the application of this Convention;” & it is for the
Commission to “endeavour in its annual report to analyze existing situation in member States of OAS with
regard to the prevention and elimination of torture.”
→ Commission can still make on the spot visits, with the agreement of the State concerned, invoking a general
field of competence afforded to it under the OAS charter.
3.3 ​INTER-AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF PERSONS
→ adopted 1994 → entered into force 28 MAR 1996 → 10 Sps as of 9 APR 2002

3.3.1 ​SCOPE:
→ FORCED DISAPPEARANCE: the act of depriving a person/s of his or their freedom, in whatever way,
perpetrated by agents of the state or by persons or groups of persons acting with the authorization, support, or
acquiescence of the state, followed by an absence of information, or a refusal to acknowledge that deprivation
of freedom/to give information on the whereabouts of that person, thereby impeding his/her recourse to the
applicable legal remedies and procedural guarantees

3.3.2 ​UNDERTAKINGS OF THE STATES PARTIES

→ not to practice/permit/tolerate the forced disappearances of persons, EVEN in states of emergency or
suspension of individual guarantees
→ to PUNISH within their jurisdiction, persons who commit or attempt to commit the same, and their
accessories
→ to cooperate with one another, in helping to prevent/punish/eliminate forced disappearance of persons
→ to take legislative/administrative/judicial/other measures necessary to comply with Convention
→ CONVENTION also regulates duty to establish jurisdiction, and that such cases shall not be considered
political offenses for purposes of extradition BUT are deemed extraditable offenses
criminal prosecution for forced disappearances and the penalty is not subject to statute of
limitations/prescription, unless there is a norm of fundamental character which prevents this rule from applying;
BUT EVEN THEN period of limitation must be equal to what applies to the grave crime in the domestic law of
the SP
→ criminals can be tried only in the competent jurisdictions of ordinary law in each State, to the exclusion of all
other special jurisdictions, particularly military juridictions
→ Same as torture conventions: exceptional circumstances like war/emergency cannot be invoked to justify
the forced disappearance of persons;
→ the right to expeditions and effective judicial procedures and recourse shall be retained in order to
determine whereabouts or health o a person who has been deprived of freedom, or identifying the official who
committed or ordered it.
→Competent judicial authorities shall have free and immediate access to all detention centres and to each of
their units, and to all places where there is reason to believe the disappeared person might be found, including
places that are subject to military jurisdiction.

3.3.3 THE IMPLEMENTATION MECHANISM

→ processing of petitions/communications to Inter-American Commission on HR regarding forced
disappearance of persons is subject to procedures established in American Convention on Human Rights...
including the provisions on precautionary measures:
→ urgent procedure: where Inter-American Commission On Human Rights receives a petition and requires it
Exec Secretariat to urgently and confidentially address the respective government, with a request for info as to
the whereabouts of the person concerned

3.4 ​THE INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT AND ERADICATION OF

VIOLENCE AGAINST WOMEN
→ aka Convention of Belem do Para → adopted 1994 by GA OAS → entered into force on 5 MAR 1995 → has
31 countries 9 APR 2002 → the only international treaty that exclusively aims at the elimination of
gender-based violence.
3.4.1 ​SCOPE
→ Violence against women: any act or conduct, based on gender, which causes death, or physical, sexual, or
psychological harm or suffering to women, whether in the public or the private sphere
→ women's right to enjoyment and protection of all human rights contained in regional and international
instruments
→ violence against women prevents and nullifies the exercise of civil, political, economic, social and cultural
rights.
→ the right of every woman to be free from violence includes the right to be free from all forms of
discrimination, as well as the right to be valued and educated, free of stereotyped patterns of behavior

3.4.2 ​THE UNDERTAKINGS OF THE STATES PARTIES

→ to pursue policies to prevent/punish/eradicate violence against women by all appropriate means and without
delay
→ to undertake progressively specific measures
→ to promote awareness and observance of the right of women to be free from violence
→ to modify social and cultural patterns of conduct of men and women
→ to promote the education and training of all those involved in the administration of justice, police and other
law enforcement officers

3.4.3 ​THE IMPLEMENTATION MECHANISMS

reporting procedure: Sps shall include in their national reports to the Inter-American Commission of Women,
information on measures adopted to prevent and prohibit violence against women and any difficulties they
have observed in applying those measures
advisory opinions:​ Sps and Inter-American Commission of Women may request the Inter-American Court of
HR advisory opinions
individual petitions:​ any person/s or any NGO legally recognized in one or more member states of the OAS
may lodge petitions containing denunciations or complaints of violations of Art 7 of this Convention

4. European Human Rights Treaties and their Implementation

4.1. The European Convention on Human Rights, 1950, and its Protocols No.s 1, 4, 6, and 7
● Sep. 3, 1953 - Entered into force
● April 29 2992 - It had 43 State parties
● November 1, 1998 - Reconstruction of two bodies: (a) European Commission; and (b) European Court
of Human rights - it was merged to create a control machinery not the European Court of Human Rights
(in France).
○ This is the first and so far, ONLY permanent human rights couet sitting on a ​full time basis.
● Protocol 1, 4, 6, and 7 - The rights protected under this convention.
● Protocol No. 12 - was opened in November 2000 in Rome
● Protocol No. 13 - was opened May 2002

4.1.1. Undertakings of the State parties:

● Secure everyone within their jurisdiction (art. 1)
 ● Provide an effective remedy notwithstanding that the violation was committed by persons acting in an
official capacity (art. 13).

4.1.2. The rights guaranteed:

● Civil and political rights of European Conventions:
○ Art. 2 - Right to life
○ Art. 3 - Prohibition of torture, inhumane or degrading treatment or punishment
○ Art. 4 - Prohibition of slavery, servitude, and force or compulsory labour
○ Art 5 - Right to liberty and security
○ Art 6 - Right to a fair trial
○ Art 7 - Prohibition of ex post facto laws
○ Art 8 - Right to respect one’s private and family life
○ Art 9 - Freedom of thought, conscience and religiomn
○ Art 10 - Freedom of expression
○ Art 11 - Freedom of assembly
○ Art 12 - RIght to marry
○ Art 13 - Right to effective remedy
○ Art 14 - Prohibition on discrimination
● Protocol 1​ (40 State Parties)
○ Art. 1 - Peaceful possession
○ Art. 2 - Educational rights
○ Art. 3 - Free elections
● Protocol 4​ (35 State Parties)
○ Art 1 - Contractual rights
○ Art. 2 - Freedom of movement
○ Art. 3 - Not to be expelled from one country
○ Art. 4 - prohibition on expulsion of aliens
● Protocol 6​ (40 State Parties)
○ Abolition of Death Penalty
■ Exception: Times of war or imminent threat of war
● Protocol 7​ (32 State Parties)
○ Against arbitrary expulsion of aliens
○ Right to appeal
○ Compensation on Miscarriage of justice
○ Right against double jeopardy (not to be tried again w/ same offence)
○ Equality of rights between spouses
● Protocol 12
○ Against discrimination on sex race colour languange religion political opinion, national or social
origin, association with minority, birth status (not yet in force as of April 2002)

4.1.3. ​Permissible Limitation on the exercise of rights​ 1

● Restriction on exercising the rights on: ​(P​2​REFeR)
○ P​rivate and Family Life
○ P​eaceful Assembly
○ R​ight of thought conscience and reliegion
○ E​njoyment of Possession

1
Protocol 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms
 ○ F​reedom of ​e​xpression
○ R​ight of Residence and Movement
● Limitations shall always be “prescribed/provided by law or accordance with law.
● The notion of democracy and a democratic constitutional order is ever-present in the Council of Europe
● “Public interest” is not a standard to Human Rights European Convention
● It is dor the national authorities to make the initial assessment of the reality of the ​pressing social
need​ implied by the notion of necessity.

● Limit on Freedom of Expression, the European Court held that:

○ “to pay the utmost attention to the principles characterising a ‘democratic society’”.
○ Right to interfere must be ​relevant and sufficient
● Limit on privacy:
○ The limits must be​ interpreted narrowly a​ nd ​convincingly established
○ Not enough reason of limit: useful and harmless

Limitations may be allowed as long as it comply with the principles of: ​(DLN)
- The Legitimate needs of DEMOCRATIC SOCIETY
- LEGALITY
- NECESSITY/PROPORTIONALITY, in that the measures must be necessary in a democratic society for
one or more of the specified purposes

4.1.4. Permissible derogations from legal obligations (In general terms)

Conditions:
1. Exceptional Threat
2. Non-derogability of certain obligation
3. Strict Necessity
4. Consistency with other international legal obligations
5. Non-discrimination
6. International Notification

4.1.5. The implementation mechanism

● Committees of 3 Judges
● Chambers of 7 judges
● Grand Chamber of 17 judges
The Court is competent to receive and examine
● Interstate cases; and
● Applications from any person non-governmental organization or group of individuals claiming to be the
victim of a violation of the rights guaranteed by the Convention or its protocols

4.3. The European Social Charter (revised)

● The European Social Charter (revised), 1996, updates and extends the old Charter, and increases to 6
the number of core rights that must be accepted by the States parties. They must moreover agree to be
bound by not less than 16 other articles or 63 numbered paragraphs.

4.4. The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment​, ​1987

4.4.1. The undertakings of the States parties and the monitoring mechanism
4.5. The Framework Convention for the Protection National Minorities, 1995
● 1 Feb 1998 - Entered into Force
● Have 34 State parties
● This Framework Convention is the first legally binding multilateral instrument devoted to the protection
of national minorities in general and it makes clear that the protection of these minorities “forms an
integral part of the international protection of human rights, and as such falls within the scope of
international cooperation”

4.5.1. The undertakings of the State parties

1. Equal protection
2. Promotion of National minorities
3. Promote Intercultural dialogue
4. Freedom of assembly and religious institutions
5. Freedom of expression
6. Right to be informed
7. Fostering culture
8. Learn minority language
9. Prohibition of forced assimilation
10. Promote minorities’ social participation as well as in public affairs
11. maintain free and peaceful contacts across frontiers with persons lawfully staying in other State

4.5.2. Permissible limitations on the exercise of rights

● “Where necessary”, the States parties are allowed to resort only to “those limitations, restrictions or
derogations which are provided for in international legal instruments”
● Cannot be interpreted as adding a further legal basis for imposing limitations on the exercise of rights,
or resorting to derogations more extensive than those already allowed

4.5.3. The implementation mechanism

● The Framework Convention for the Protection of National Minorities is the first legally binding
international treaty aimed at protecting national minorities.
● This Convention contains undertakings vis-à-vis national minorities in areas such as, for instance, the
right to equality before the law, freedom of expression, freedom of religion, freedom of association and
assembly, linguistic freedoms, education, promotion of culture and national identity, and the
encouragement of tolerance and intercultural dialogue.