Human rights are those inalienable rights which is entitled to every human being merely by virtue of he being born as a human. They are basic, natural rights that are essential for the development of an individual’s personality. Lauterpacht opined that, “ Human rights are not created by any legislation. They resemble very much to the natural rights.” Eugene Kamenka commented, “ The concept of human rights is of central importance in the development often modern world. It is very much a theory laden implying a general view of man and society, of individuality, politics and the ends of the government. The English Bill of Rights, The American Declaration of Independence, The French Declaration of the Rights of Man And citizen, sprouted from the concept of Universal Declaration of Human Rights.(UDHR). The western quest for people’s right gave a sharper edge to what we call it as ‘ human rights.’
Regional Protection of Human Rights
The regional organisations has also enshrined principles of human rights to protect the rights of the people in their region. We shall study about three different regional protection of human rights:
European Convention for the Protection of Human Rights and Fundamental Freedoms,1950
This convention came into force on 3rd September,1953. It mainly incorporates the civil and the political rights enshrined in the UDHR. This convention has all together 11 protocols. It imposes a binding commitments upon the State parties to enforce and secure “to everyone within their jurisdiction”, the rights and freedoms enlisted in the Convention. These rights are guaranteed by an effective machinery for their enforcement comprising of a Commission, a Court and the Committee of Ministers of the Council of Europe.
The European Commission of Human Rights(ECHR) was set up at Strasbourg in 1959 having its compulsory jurisdiction for those States who have ratified the Protocol. It is the principal organisation which entertains all the complaints filed under the Convention. The European Court has rendered a signal service by developing a body of case law concerning human rights as such Lawless vs Ireland; Brogan vs UK; Lingens vs Austria; Ireland vs UK etc. The Court’s decision has changed several legislations as for example the case of De Backers has forced to amend the Belgian Penal Code.
American Convention of Human Rights,1969
This was adopted at San Jose, Costa Rica in 1969 and came into force in 1978. The members of the Organisation of American States(OAS) can only be its members. It also includes civil and political rights only. There are two organs that exist for the enforcement of American Convention of Human Rights as such Inter American Commission of Human Rights and Inter American Court of Human Rights. While the Inter American Commission of Human Rights can be approached to by any individual, the Inter American Court of Human Rights can be approached by only those State parties who have ratified the Convention. Because of its heavy dependence on OAS, the Commission has exercised jurisdiction in respect of the individual petitions coming from the non members of the American Convention.
African Charter on Human Rights and People’s Rights,1981
The heads of the Organization of African Unity(OAU) adopted this Charter in 1981. This Charter came into force in 1986. This Charter is popularly known as “ Banjul Charter.” This is the first human rights document that emphasized upon the people’s right i.e. the third generation rights that includes right of self determination, right to freely dispose of the wealth and natural resources etc. Another special feature of the Charter is that it also incorporates duties of the each individuals. However, this Charter does not contain any deviation clause as like that of incorporated in the European Convention as for example A state party can take measures derogating from the obligations under the Convention in times of war or other public emergency threatening the nation’s life. For the enforcement of the rights and duties under this Charter, there is absence of any judicial organ; there exists the African Commission on Human and People’s Rights for the purpose. The Charter provides a compulsory system of State petitions. The Commission us also empowered to receive communications from individuals and NGOs.
Hence, the regional organizations have also taken strenuous measures to enforce the rights of human beings.
