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HUMAN RIGHTS PROTECTION ATT THE INTERNATIONAL LEVEL

When speaking about the protection of human rights at the international level, one is regularly confronted with to widely held prejudices: that the individual complaints are the most efficient international remedies against human rights violations, and that the individual petition system under the European Human Rights Convention is the most, if not the only, successful procedure word-wide.

I do not necessarily share this view held by many European scholars and legal practitioners. First of all, there are a number of international monitoring procedures which are in their respective regional or political context as important and efficient as the individual complaints procedures. When considering to take action in respect of human rights violations, one should carefully balance the advantages and disadvantages of the available procedures before deciding which of the international actions shall be taken.

The United Nations system is based on two pillars: the system established by the Commission on Human Rights based on the United Nations Charter and the system of protection based on human rights treaties. Primarily we will consider the treaty-based system. After the adoption of the Universal Declaration of Human Rights in 1948, numerous declarations and treaties were adopted within the frame-work of the United Nations. Six treaties are generally considered to constitute the core of the United Nations standards. These are: the two International Covenants adopted in 1966 which entered into force in 1976: the International Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights; the Convention on the Elimination of All Forms of Racial Discrimination adopted in 1965, entered into force in 1969; the Convention on the Elimination of All Forms of Discrimination Against Women (adopted in 1979, entered into force in1981); the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (adopted in 1984, entered into force in 1990) and the Convention on the Rights of the Child (adopted in 1989, entered into force in 1990).

 

 


Date: 2015-02-16; view: 980


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