REGIONAL SYSTEMS OF HUMAN RIGHTS PROTECTION

Regional Systems of Human Rights Protection

Part 13

Part 26

Background of the Case8

Admissibility of Communication9

Breach of the Articles of African Charter by the State of Nyota ya Mashariki9

Part 310

European systems of Human Rights Protection10

Background of the Case of Keeney Lonely11

Opinion12

Case of Vincent Color13

References14

Regional Systems of Human Rights Protection

When national institutions fail to enforce the law and are sometimes themselves responsible for the breach, it is possible to seek redress beyond national borders. Regional legal mechanisms provide the framework that allows an individual to assert his rights at the regional level, provided that the country belongs to this framework and that all possibilities at the national level have been exhausted or are ineffective appeared. Regional systems for the promotion and protection contribute to strengthen the enforcement of human rights. Existing regional frameworks are present in Africa, America, Arab countries and Europe. (Brems, 2001, p. 22- 24; Smith, 2007, p. 80)

Part 1

If you were a judge of the inter- American court, would you consider that there is State responsibility for the violation of the right to life? Explain why

As a judge of the inter- American court, I believe that there is a state responsibility for the violation of the right to life. The rationale behind this consideration is that the protection of human rights is one of the main aspirations of governance. In fact, when inability is shown by states in protection of the human rights of their citizens, or certainly states are involved actively in violation those rights on a considerable scale, then there is a responsibility of the world community to intervene and make the protection of these rights certain. Responsibility of protection of human rights lies primarily with the states themselves or in other words, the key responsibility for maintaining human rights resides with states. The responsibilities of states towards human rights are often divided into obligations to protect, respect and fulfill rights.

It is implied by the obligation to respect that states must avoid doing human rights abuses (such as not taking away life of any person without any reason, therefore giving respect the right to life) Another obligation over state is protection of human rights of individuals and groups against abuses by other actors (such as, protection of the right to life by ensuring that life-sustaining medical treatment is not unjustly withdrawn) The obligation to fulfill implies that positive steps must be taken by states to make human rights a certainty in lives of people (for instance improvement of the healthcare system, to make sure that wherever possible, lives are saved - therefore carrying out moves towards fulfillment of the right to life).

Direct responsibility is held by the State for the acts of civilians to whom it handed over, de facto or de jure, authority to act on its behalf, or with its acquiescence consent, or knowledge. Military commissioners are also included among those people who were agents of military authority by law; Civil Patrol members, insofar as the military authorities directed, organised or ...