Human Rights System Study Guide

Three levels of human rights protection

Domestic, regional, and international levels.

Charter-based UN bodies

Bodies created under the UN Charter, like the Human Rights Council.

Treaty-based UN bodies

Committees created by specific human rights treaties that states voluntarily ratify.

Human Rights Council (HRC)

UN body of 47 elected Member States promoting human rights worldwide.

Term length for HRC members

Three years.

Universal Periodic Review (UPR)

UN process reviewing the human rights record of every Member State.

Frequency of UPR reviews

Every five years.

Three stages of the UPR

Reporting, review, and implementation.

Stage 1 of the UPR (Reporting)

Submission of national reports, UN compiled info, and NGO reports.

Stage 2 of the UPR (Review)

State presents its situation, answers questions, and receives recommendations.

Stage 3 of the UPR (Implementation)

State implements accepted recommendations and monitors progress.

NGO role in UPR interactive dialogue

NGOs cannot participate directly but may speak during the HRC plenary session.

UN Special Procedures

Independent human rights experts appointed by the Human Rights Council.

Unique power of Special Procedures

Can examine situations even if a country hasn't ratified a specific treaty.

Three major regional human rights systems

Europe, the Americas, and Africa.

European Convention on Human Rights (ECHR)

Main human rights treaty of the Council of Europe, entered into force in 1953.

European Court of Human Rights location

Strasbourg, France.

Pre-requisite for filing a case at the European Court of Human Rights

Individuals must first exhaust all domestic remedies.

Burdov v. Russia issue

State failure to pay court-awarded compensation, violating property and fair trial rights.

Sunday Times v. United Kingdom issue

Freedom of expression and press freedom.

Major challenge facing the European Court of Human Rights

A huge backlog of cases and state non-implementation of judgments.

Main treaty of the African human rights system

African Charter on Human and Peoples' Rights.

Unique features of the African Charter

It includes individual rights, peoples' rights, and individual duties.

No Derogation Clause in the African Charter

States cannot suspend treaty obligations even during public emergencies.

Main treaty of the American human rights system

American Convention on Human Rights (Pact of San José).

Six state obligations under the American Convention

Respect, ensure, prevent, investigate, punish, and compensate.

Velásquez Rodríguez case significance

Landmark case emphasizing state duties to prevent and investigate human rights violations.

OHCHR

Office of the UN High Commissioner for Human Rights.

Domestic remedies

Legal remedies available within a country's own national court system.