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AFRICAN HUMAN RIGHTS TREATY AFRICAN CHARTER ON THE AMERICAN HUMAN RIGHTS TREATY AND THEIR IMPLEMENTATION(

AND THEIR RIGHTS AND WELFARE OF THE convention)


IMPLEMENTATION(charter) CHILD
SCOPE Rights : 1. Civil and Political Rights Economic, social, educational, scientifically, cultural . civil and
2. Economic Social and cultural Rights. political rights.
There is a recognition not only to collective rights, but also to
individual rights as well.
Civil, political, economic and cultural rights of human beings.
Undertakings of ” Shall recognize the rights and The state in accordance with Generally : the basis is convention, but they can take
state parties. duties and freedoms enshrined and their constitutional process jurisdiction over a case if there is a violation of
shall undertake to adopt legislative and with the provisions of this declaration.Sources of rights because there are
or other measures to give effect to charter adopt such legislative
them”- Independent or other measures as may be some countries which has not ratified the convention. Those
Administration of Justice. The state necessary to give effect to the which are not signatory thereof cannot hold them liable. They
parties shall have the duty to provisions thereof. are trying to expand by saying that the declaration can be a
guarantee the independence of the • Adoption of legislative source of rights to cover those which did not ratify
court and shall allow the measures OBLIGATIONS OF THE STATE
establishment and improvement of • The best interest of Because human rights are inherent, they are superior to the
appropriate national instructions the child should be power of the state.
entrusted with the promotion of considered. 1. INVESTIGATE- grave duty to investigate human rights
the rights and freedoms 2. PREVENT
guaranteed by the charter. 3. PUNISH-to restore the rights violated and moreover if
What are the duties of the parties possible, attempt to restore the rights violate and
in the charter: provide compensation as warranted for the damages
1. Education and public resulting to violation.
administration of justice HOW WILL THE STATE PREVENT VIOLATION THROGH THIS
2. Impartial and independent ACTS?
court - Even with legislation, it is ineffective if what we are
talking about state actors who are above the legal
system.
IDENTIFY the people, punish, compensate that in the end it will
not happen again.

Progressive Realization- escr rights are very expensive to


comply with because you need resources to grant ESCR you can
do it progressively. There is a minimum standard plus the help
from other standard continue to progress up and up without
backsliding. It is not an excuse because you can ask from
another country.

The individual Article 27 (1) Individual duties “Every child shall have
Duties towards certain groups by responsibilities toward his
stipulating in general term only that family and society, the state
every individual shall have duties and other legally recognized
towards his family and society. communications and the
1. Individual duties toward international community.”
certain groups 1. Duty to work for the
2. Individual duties towards cohesion of the family
other individuals. 2. To serve the
• To maintain relations community
aimed at promoting, 3. To preserve and
safeguarding and strengthen social and
reinforcing mutual respect national solidarity
and tolerance. 4. Contribute for the
* I have a right and you have aright- preservation of
Individual duty- the respect of the African unity.
rights of others. ‘
Rights- Individuals of people --→
collective.
LIMITATIONS The exercise of many of the rights and freedoms guaranteed by the The following are the limitations in the exercise of rights that
African charter is conditions by limitation provisions must be complied with.
While some provisions of the African charter allow for the limitations 1. Legality- All limitations provisions stipulate that the
to be imposed on the exercise of the rights guaranteed, no limitations imposed must be prescribed by law,
derogations are ever allowed from the obligations incurred on the established by law, imposed in conformity to law, or
treaty pursuant to law.
There is a right but it is limited with regard to its exercise. 2. all limitations provisions stipulate that the limitations
imposed must be prescribed by law, established by law
imposed on conformity with the law, or pursuant to
law.
3. Must be prescribed by law
4. Established by law
5. Imposed in conformity of law or pursuant to law.
*limited by the constitution- if the Philippines wanted to limit
the freedom of speech , the international court will ask why.

Exemption :
6. May not be applied except in accordance with the laws
enacted for reasons of general interest and in
accordance with the purpose for which the restrictions
have been established.
7. Democratic society
The right to freedom of association provide that the limitations
must be necessary in a democratic society. However , regarding
the freedom of expression. The interpretation of the provisions
of the American Convention is conditioned by restrictions that
laid down in article 29 © and 32 (2) which provides
No provision of this convention shall be interpreted as
precluding other rights or guarantees that are inherent in the
human personality or derived from representative democracy
as a form of government.
The righto of each person is limited by the general welfare.

only the limitation provision concerning the exercise of the right


to assembly and the right t ofreedom of association provide
that the limitation must also be necessary in a democratic
society.
The right of each person are limited by the rights of others, by
the security of all and by the just demands of the general
welfare of the democratic society. The regulation is just meant
to exercise the same right altogether.

8. Principle of necessity and proportionality.


Interference with the exercise of individual
Right must be necessary in a democratic society for one or
more of the specified purpose.

interference with the exercise of the individuals right must be


necessary in a democratic society for one or more of the
specified purpose.
There is a right, this right can be regulated by the state. You
cannot go beyond what is necessary for you in order to meet
the obligation. The means matter how d you regulate the rights
stated above?

DEROGATION The African Charter does not provide for any derogation for the When is derogation necessary:
state parties in time of emergency. 1. In the condition of exceptional threat
I am not considering that right at all. 2. The condition of non derogability of certain obligations
3. the condition of strict necessity
4. the condition of consistency with other international
legal obligations
5. the condition of non-discrimination
6. the condition of international notification.
THE AFRICAN COMMISSION OF Shall consist of 11 The inter- Americial Commission on HUMAN RIGHRTS is
IMPLEMENTATION HUMANS AND PEOPLE’S RIGHTS.- independent and impartial competent to receive petitions concerning the alleged human
MECHANISM implementation mechanism members serving in the rights violations :
1. Promoting human and individual capacity. 1. From any person or group of persons or any legally recognized non-g
people’s rights Promote and protect the competence is mandatory
2. Protecting the rights rights enshrined in the 2. From one state party against another state party if such
There is no provision that an chapter. competence is recognized
individual has the capacity to file a 1. Collection of The Interamerican court of human rights is competent to
complaint alleging human rights information, organize examine cases submitted to it by the state parties and the
violation. meetings, make commission provided that these cases have first been
Communications vs Court recommendations to considered by the commission first.
1. Inter- state government ,
Communications formulate rules and
a. Interstate- STATE A principles for the
communicate its complaint protection of the
to state b. welfare of the child
Someone writes a communication 2. Monitor the
submits it to the commission→ 3 implementation and
months to submit explanation -→ if ensure the protection
not settled or negotiated it can be of the rights
brought to the commission.-→the 1. Reporting Procedure-
commission can only deal with the THE STATE parties
matter after domestic remedies undertakes to submit
have been exhausted-→ submit reports on the
written or oral statements→ after measures it has
the possession of all the necessary adopted to give effect
documents after having tried all to the provisions of
appropriate means to reach an the charter within 2
amicable solution based on the years from the entry
respect of human and people’s into force of the
rights→ prepare a report stating charter
the facts and findings which shall Complaints procedure- THE
be sent to the states concerned and COMMITTEE may receive
communications from any
to assembly head of state and person, group, non group or
government. non government organization
1. Should be written recognized either by OAU,
2. The domestic remedies members of the state or the
should be exhausted. Untied nations .
b. Communications from
sources other than those of
the state parties- Even
those which are not parties
can be impleade.
COMMUNICAITONS FROM OTHER
SOURCES OTHER THAN STATE
PARTIES.
1. The communication must
indicate the author( who
are they up against)- allows
the body to create its own
investigation whether this
complaint are to be
decided to the body or just
dismissed.
2. Must be compatible with
the charter of the OAU with
the African charter on
Human AND Peoples rights
3. It must not be written in
disparaging or insulting
language
4. Based exclusively on news
disseminated through the
mass media
5. Must be submitted only
after all the domestic
remedies had already been
exhausted
6. It must be submitted
within a reasonable period
from the time local
remedies are exhausted.-
difference from other
regions.
7. The communications must
not deal with cases which
have been settled by the
states in accordance with
the principles of the charter
of united nations the
charter of the OAU or the
African charter on human
and people’s rights.
The charter does not specify
whether the commission is
competent to deal with individual
complaints as such but merely
provides that each session of the
commission, the secretary shall
make a list of communications
other than those of state parties
and transmit them to the members
of the commission.
“when it appears after
deliberations of the commissions
that one or more communications
apparently relate to special cases
which reveal the existence of a
series of serious or massive
violation of human rights the
commission shall draw the
attention of the assembly heads of
state and government to these
special cases.
1. We need people to testify
that it did exist, it has to be
based at a reliable source
and not due to mass media
The commission need not entertain
all the violation
If one of the requisites that are not
present, the court can dismiss the
case. Because you cannot provide
me the real live witnesses that I
need.
Periodic Reports
1. The state parties to the
charter also undertake to
submit every two years a
report on the legislative or
other measures taken with
a view giving effect to the
terms of the charter.

Interamerican Convention to prevent Inter-American Convention on Forced International American


and punish torture Dissapearance of persons, 1994 Convention on prevention,
punishment and eradication of
violence against women 1994.
SCOPE “TORTURE- any act intentionally “ Forced dissapreace is considered to
performed whereby physical or mental be the act of depriving a person or
pain or suffering is inflicted on a person persons of his or their freedom in
for purpose of criminal investigation a whatever way perpetrated by agents
means of intimidation as a personal of the state or by persons or groups of
punishment as a prevention measure, persons acting with ithe authorization,
as a penalty or for any other purpose. support, acquiescence of the state
followed by an absence of information
or refusal to acknowledge that
deprivation of freedom or to give
information of the whereabout of that
person.”
UNDERTAKING The state parties shall take effective The person alleged to be responsible
measures to preventand punish torture for the acts constitution the offense of
within their jurisdiction. And shall forced disappearance of persons “may
ensure that all acts of torture and be tried only in the competent
attempts to commit torture are jurisdiction of ordinary law in each
offenses under criminal law. state to the exclusion of all other
The right not to be tortured is a non special jurisdictions , particular military
derogable and no emergency situation jurisdiction.
of any can justify torture.
IMPLEMENTATION There is no provide for any specific • Subject to all the procedures
implementation mechanism. However, established in the American
under article 17 “state parties shall convention on human rights
inform the inter- American commission and to statute and regulations
on human rights of any legislative, of the commission and to the
judicial administratie or other measures statute And Rules of procedure
they adopt in application of the of the Interamerican court of
convention. “ Human rights
The Interamerican commission on
Human rights receives a petition or
communication concerning an alleged
forced disappearance requiring the
executive secretary – to urgently and
confidentially address . the respective
government with the requires for
information as to the whereabouts of
the person concerned .

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