100 and 1 Terms for Human Rights Education

1. Adherence



A State adheres to an international treaty when it expresses its will to be a State Party to the treaty, i.e., the State commits itself to respect and implement the treaty. Adherence has the same implications as ratification, approbation or accession.

*See : Entry into Force, Party, Ratification, Treaty.


 

 

2. Admissibility


 

An international body entrusted with the examination of complaints alleging violations of human rights will have to first decide on its admissibility before deciding on the merits of the case, i.e., does it meet the conditions for examination.


Such conditions normally require that the complaint is signed by the victim or his/her representative, is not couched in abusive language and concerns an alleged violation of a human right that falls within the competence of the examining body. Most often, all local solutions need to have been tried first before the international body will declare itself competent to look into the complaint. For each case, it is necessary to look at the relevant Convention itself and the practices of the body charged with its implementation.

*See : Competence.

 




3. African Charter on Human and Peoples’ Rights


 

This treaty was adopted in Nairobi (Kenya), on 27 June 1981, within the context of the Organization of African Unity. The Charter is based on the Universal Declaration of Human Rights. In its preamble, the Charter affirms the need to take into account “the virtues of the historical tradition and values of African civilization” in the creation of human rights. The Charter then enumerates the rights and obligations of each individual. It addresses civil and political rights (Articles 3 to 13) ; economic, social and cultural rights, including the right to education (Articles 14 to 18) ; and collective rights under the heading of peoples’ rights (Articles 19 to 24). The Second Part is devoted to the establishment and functioning of the African Commission on Human and Peoples’ Rights which is entrusted with monitoring the implementation of the Charter.

*See : African Commission on Human and Peoples’ Rights, African Court of Human and Peoples’ Rights, Civil and Political Rights, Economic, Social and Cultural Rights, Peoples’ Rights.

 

 

4. African Commission on Human and Peoples’ Rights


 

Kairaba Avenue, 90 - PO Box 673 Banju (Gambia) Tel : (220) 392 962 Fax : (220) 390 764 E-mail : achpr@achpr.gm Homepage : http://www.achpr.gm

The Commission was created by the African Charter on Human and Peoples’ Rights (Articles 30 to 61). It is composed of 11 members who are elected by States Parties to the Charter. Amongst other responsibilities, the Commission is mandated “to promote human and peoples’ rights and ensure their protection in Africa”. In discharging its obligations, the Commission depends on communications from States Parties and communications “other than those of States Parties”. The authors of the African Charter did not stipulate the obligation of States Parties to submit periodic reports.

1) Communications from States
Communications are possible when a State Party to the Charter “has good reasons to believe that another State Party to this Charter has violated the provisions of the Charter”. This leaves the State Party with two choices : It may contact the concerned State Party and negotiate an end to the violations. In case of disagreement, any of the States Parties may address the matter to the Commission. The other option is that a State Party may directly address the Commission. After ensuring that all local solutions have been exhausted, the Commission uses appropriate means to reach an amicable solution to the matter. In case no amicable solution is reached, the Commission prepares a report, which is sent to the Assembly of Heads of State and Governments of the Organization of African Unity accompanied by recommendations.

2) Other Communications
Without defining which other entities can address the Commission, the African Charter on Human and Peoples’ Rights refers to “communications other than those of States Parties”. From this it is possible to infer that individuals and/or non-governmental organizations may submit such communications. Certain conditions were laid down to determine whether the Commission admits such communications or not. After being transmitted to the State Party concerned, they are examined under a confidential procedure that tries to establish if there has been a violation of the Charter’s provisions. These allegations are then transmitted to the State Party concerned and to the Assembly of Heads of State and Government of the Organization of African Unity.

*See : African Charter on Human and Peoples’ Rights, African Court of Human and Peoples’ Rights, Appeal, Submission, Regional System.

 

 

5. African Court of Human and Peoples’ Rights


 

The Protocol relating to the African Charter on Human and Peoples’ Rights was signed in Ouagadougou (Burkina Faso) on 9 June 1998 and provides for the creation of the African Court of Human and Peoples’ Rights. The Protocol enters into force after its ratification by 15 States. The Court, composed of judges elected by the Assembly of Heads of State and Government of the OAU, can be referred to by :
• The African Commission on Human and Peoples’ Rights,
• The State that has submitted a complaint to the Commission,
• The State against which a complaint was submitted,
• The State whose nationality the alleged victim holds, and
• African inter-governmental organizations.

These submissions are possible upon ratification of the Protocol. However, petitions by individuals and non-governmental organizations are subject to more restricted conditions. For such complaints to be introduced before the Court, the State concerned must, in addition to the ratification of the Protocol, have made a declaration accepting the competence of the Court to treat such complaints. Furthermore, complaints can only be introduced by non-governmental organizations that have observer status with the Commission. Note that in this case the Court cannot issue verdicts, but instead it sends all appeals submitted by NGOs to the Commission.
The Court rules on the alleged violations and can order that appropriate measures be taken. The Council of Ministers of the Organization of African Unity is the body that supervises execution of rulings.

*See : African Charter on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights, Competence, Jurisdiction, Jurisprudence, Protocol, Request, Submission.

 

 

6. American Convention on Human Rights

 

Adopted at San José de Costa Rica on 22 November 1969, its preamble refers to the Universal Declaration of Human Rights and other international instruments. The First Part of the Convention is devoted to States’ obligations and to the rights to be protected, including civil and political rights. Regarding economic, social and cultural rights, States Parties undertake to ensure “full implementation progressively”, taking into account available resources. The Second Part is devoted to the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. The Convention was followed by two Additional Protocols : the first was adopted at San Salvador (Salvador) on 17 November 1988 and addresses economic, social and cultural rights. It describes the right to education in the same terms as the International Covenant on Economic, Social and Cultural Rights. The Second Protocol, to abolish the death penalty, was adopted in Santiago de Chile on 8 June 1990.

*See : Civil and Political Rights, Economic, Social and Cultural Rights, Inter-American Commission on Human Rights, Inter-American Court of Human Rights, Jurisdiction, Organization of American States.

 

 

7. Appeal


 

An appeal or recourse is a generic term used to designate the legal means that allow the submission of complaints to bodies established for the protection of human rights, whether they are of a judicial, political or administrative nature.

*See : Communication, Complaint, Petition, Reclamation, Request.

 

 

8. Basic Rights

 

Some human rights can be limited ; others cannot be changed under any circumstances and are called inviolable or basic rights. These are explicitly mentioned in a number of human rights treaties. The list of these rights differs from one treaty to the other. For example, the list of basic rights that was elaborated by the International Covenant on Civil and Political Rights is as follows :
• The right to life ;
• The right not to be subjected to torture or inhuman or degrading treatment ;
• Prohibition of slavery or servitude ;
• Prohibition to try or punish someone for an offence for which he has already been convicted or acquitted ;
• The right to be recognized as person before the law ;
• The right to freedom of thought, conscience and religion ;
• Prohibition of imprisonment for the inability to fulfill a contractual obligation.
The lists of basic rights set out in the European and Inter-American Conventions are slightly different. The three treaties agree on four basic rights : the first four rights in the list above. They are considered to be the fundamental core of human rights.

*See : Derogation, Civil and Political Rights, Fundamental Freedoms, Limitation, Restrictions.