III-e. Regional Human Rights Agreements
The agreements just discussed are international in the sense of being global in coverage. There are also several international human rights agreements that are regional in coverage, in Europe, in the Americas, and in Africa. There is no regional human rights agreement in Asia.
In Europe, the Council of Europe was established soon after World War II to resist the remnants of fascism. It created the European Convention on Human Rights and Fundamental Freedoms, which was signed in 1950 and went into force in 1953. The convention deals only with civil and political rights, not with economic, social, and cultural rights. All states of the council agreed to have the European Commission of Human Rights hear complaints, whether from state governments or from individuals. If the commission cannot work out a negotiated agreement on the issue, the petition is taken to the European Court of Human Rights. The court interprets the convention, and rules on the legality of state action under the convention.
In 1987 the Council of Europe concluded the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. It entered into force in 1989. The council expanded in 1990 to include the states of Eastern Europe. All are now parties to the convention, and are thus committed to following the procedures and rulings of the commission and the court.
To complement the European Convention on Human Rights and Fundamental Freedoms, the Council of Europe drafted a European Social Charter to cover economic and social rights. It was opened for signature on October 18, 1961 and came into force on February 26, 1965. An Additional Protocol, adding certain rights, entered into force on September 4, 1992, but few states have ratified it. There have been several other additions to the charter since then.
Although it does not have the status of a treaty, the Final Act of the Conference on Security and Cooperation in Europe (CSCE) signed in Helsinki on August 1, 1975 has made an important contribution to the advancement of human rights in Europe. The Final Act consists of three parts, or "baskets". Basket III, on "Cooperation in Humanitarian and Other Fields", articulated major guiding principles regarding human rights. The CSCE is now called the Organization for Security and Cooperation in Europe (OSCE).
The American Convention on Human Rights entered into force in 1972. It has been ratified by most members of the Organization of American States but not by the United States.
In 1981 the Organization of African Unity adopted the African Charter on Human and People’s Rights, also known as the Banjul Charter (African Charter 1981). The Commission established by the charter began its work in 1987.
Regional human rights agreements are important because they can reflect particular regional cultural perspectives with regard to the means for realizing human rights. They can also be important grounds for developing innovative institutional arrangements for assuring the realization of human rights.
Continue to III-f. Human Rights Agencies
Subsection III-e last updated on September 26, 1999