HUMAN RIGHTS IN THE WORLD

Resat ARIM

Universal Declaration of Human rights is implemented differently in different regions of the World. I will look at these different regions. Europe will be dealt with by Mr. Taþhan.

So we can start with the Americas. First the United States. Human Rights in the US are legally protected by the Constitution of the US and amendments, also by the treaties, enactments of the Congress, and state legislatures. The Thirteen Colonies abolished the slavery. Then came the Declaration of Independence which advocated for civil liberties. Then the Constitution of the US adopted in 1787 granted several rights and civil liberties. They were codified later in the Bill of Rights which comprise the first ten amendments to the Constitution.

In the Americas we find The American Declaration of the Rights and Duties of Man adopted in 1948 by the Organization of American States. In the Preamble it says that” The American States have recognized that the essential rights of man are not derived from the fact that he is a national of a certain state, but are based upon attributes of his human personality.” It consists of 38 articles. This Declaration constitutes the initial system of protection. Following that the Inter-American Commission on Human Rights was created. It was charged with monitoring for the observance of these rights.

Then came the big moment when the OAS countries in 1969 adopted the Convention on Human Rights. It came to reinforce or complement the protection provided by the domestic law of the American States. It first of all enumerated the civil and political rights. Then it said that the Inter-American Commission on Human Rights shall promote the observance and protection of human rights and serve as a consultative organ in these matters. Therefore it will develop an awareness of human rights among the peoples of America; it will make recommendations to the governments of member states for the adoption of progressive measures in favour of human rights. It will provide advisory services. Also an Inter-American Court of Human Rights is created by the Convention.

I should mention here that neither the United States nor Canada has ratified the American Convention on Human Rights. As such, neither country recognizes the jurisdiction of the Inter-American Court. The United States also rejects the Commission’s conclusion that its decisions are binding as a matter of customary international law.

One of the explanations is this: the Inter-American system is growing, from adolescence to maturity. But it also faces threats to its independence and financing by OAS member States unhappy with the vigilance of both the Commission and the Court. Indeed, the Inter-American Commission on Human Rights has powers to issue state-based reports, to investigate human rights situations in loco, with the permission of the state involved. Also, the advisory powers of the Inter-American Court of Human Rights are quite extraordinary.

The second region I will try to analyse is Africa. In Africa the advance of the regional system has been slow. The African Charter on Human and People’s Rights recognizes most of what are regarded universally accepted civil and political rights. However some human rights scholars consider this inadequate. They say that the right to privacy and the right against forced labour are not explicitly recognized. The Charter also recognizes group rights, for example the Charter awards the family protection by the State. Another important facet is that it also includes duties incumbent upon individuals and peoples. The African Coimmission on Human and Peoples Rights has the following functions: Protection, promotion and interpretation. There is also An African Court of Human and People’s Rights. Its functions are the following: It will complement the protective function of the Commission. It may also give advisory opinion.

Third, we should turn to Asia. Asia does not have a regional system, an international convention on human rights. Human Rights in Asia rely on the protection and championing by States, non-Governmental organizations, and individuals.