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Guide to International Human Rights Mechanisms - Brookings

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Go To Part I II III IV V<br />

Overview of <strong>International</strong> <strong>Human</strong> <strong>Rights</strong> Law and <strong>Mechanisms</strong><br />

the interpretation of treaty provisions. To varying degrees, they also have the authority <strong>to</strong> accept individual<br />

communications concerning rights violations in states that have accepted this procedure.<br />

The Office of the High Commissioner for <strong>Human</strong> <strong>Rights</strong> serves as secretariat <strong>to</strong> the <strong>Human</strong><br />

<strong>Rights</strong> Council and its sub-bodies and <strong>to</strong> most of the treaty bodies, in addition <strong>to</strong> carrying out its<br />

own human rights promotion, education, technical assistance and moni<strong>to</strong>ring functions.<br />

The <strong>International</strong> Committee of the Red Cross plays a unique role in promoting and moni<strong>to</strong>ring<br />

compliance with humanitarian law, including certain direct services <strong>to</strong> protect civilians at risk. The<br />

<strong>International</strong> Criminal Court is designed <strong>to</strong> deter war crimes, crimes against humanity and genocide.<br />

The World Bank,which provides loans and guarantees <strong>to</strong> development projects <strong>to</strong> address world<br />

poverty, also has complaints mechanisms <strong>to</strong> respond <strong>to</strong> the problems caused by these projects.<br />

aT The regional level<br />

In africa, the primary human rights mechanisms are the African Commission on <strong>Human</strong> and<br />

Peoples’ <strong>Rights</strong>, its special rapporteurs, the African Court of <strong>Human</strong> and Peoples’ <strong>Rights</strong>, and the<br />

African Committee of Experts on the Welfare of the Child. In the Americas, the main bodies are<br />

the Inter-American Commission on <strong>Human</strong> <strong>Rights</strong>, its special rapporteurs, the Inter-American<br />

Court of <strong>Human</strong> <strong>Rights</strong>, and the Inter-American Commission of Women.<br />

In both Africa and the Americas, the “Commissions” are expert bodies formed by treaties that<br />

act in many ways like the treaty bodies at the universal level, considering state reports, addressing<br />

individual complaints, and issuing interpretive guidelines. Both also play a gate-keeping function<br />

for their respective “Court,” as the Commissions must generally address all complaints before the<br />

Courts take them up. Also in both regions, the special rapporteurs of the Commissions are almost<br />

all members of the Commissions themselves.<br />

europe has created a number of human rights mechanisms associated with its varying parallel<br />

systems of regional cooperation, including the Council of Europe, the European Union and the<br />

Organization for Security and Cooperation in Europe. The flagship of these mechanisms is the<br />

European Court of <strong>Human</strong> <strong>Rights</strong>, which can address individual complaints of violations of civil<br />

and political rights provided by the European Convention for the Protection of <strong>Human</strong> <strong>Rights</strong><br />

and Fundamental Freedoms (ECHR) and its pro<strong>to</strong>cols. Europe has a number of mechanisms that<br />

target issues of racism and minority rights, including the Advisory Committee of the Framework<br />

Convention for the Protection of National Minorities, the European Commission against Racism<br />

and In<strong>to</strong>lerance, and the High Commissioner on National Minorities. It also has several bodies<br />

that can address social and economic rights issues, including the European Committee of Social<br />

<strong>Rights</strong>, and the European Parliamentary Committee on Petitions.<br />

asia has no regional human rights-specific mechanisms; persons in this region must therefore turn<br />

<strong>to</strong> the universal mechanisms if domestic remedies are ineffective.<br />

<strong>Guide</strong> <strong>to</strong> <strong>International</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Mechanisms</strong><br />

for Internally Displaced Persons and their Advocates

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