In our series on Human Rights on the IDP Blog, we studied the hierarchical status that treaties and conventions on Human Rights have in the Brazilian legal system.

We also explored two myths about Human Rights that need to be deconstructed: (i) Human Rights are not for benefiting lawbreakers, and (ii) Human Rights are not for annihilating state sovereignty.

We also mentioned that International Human Rights Law offers a mechanism for protecting the dignity of the human person.

In fact, not one, but multiple, who maintain a dialogue with each other. Sometimes they cite each other as interpretive sources, other times they exchange best practices, and still other times they undertake joint initiatives.

In this text, we will discuss the Global System for the Protection of Human Rights, and two subdivisions of the Regional System: the European and the African.

Come on!

Human Rights in a Global System: Can we speak of universal rights?

The global human rights system is comprised of a set of international norms, treaties, agreements, and mechanisms that aim to promote and protect human rights worldwide.

It is based on the idea that Human Rights are universal, indivisible and interdependent, and must be respected by all countries and governments.

This system, which consolidated the process of internationalizing Human Rights, is led by the United Nations (UN), which has established various international bodies and treaties to protect Human Rights. For this reason, it is also known as the UN system.

Among the main treaties are the Universal Declaration of Human Rights , the International Covenant on Civil and Political Rights , and the International Covenant on Economic, Social and Cultural Rights.

Furthermore, there are several international bodies and mechanisms that work to monitor and ensure compliance with these treaties by countries.

The cornerstone of the UN system is the UN Charter itself , adopted in 1945 in San Francisco, United States. The Charter establishes the organization's objectives, composition, and structure, including its principal bodies.

These include the UN Human Rights Council, the Office of the United Nations High Commissioner for Human Rights, and the committees responsible for monitoring the implementation of the treaties.

The UN's actions are organized based on three pillars: 

• the maintenance of international peace and security;
• the protection of human rights; and 
• promoting development. 

Other important additional focuses are (i) upholding International Law and (ii) providing humanitarian assistance to people affected by natural disasters or phenomena caused by humanity itself, such as wars.

The global human rights system is fundamental to ensuring that human rights are respected worldwide and to protecting people against violations and abuses.

The Universal Declaration of Human Rights, adopted on December 10, 1948 in Paris, marks the internationalization and centrality of human dignity. It embodies the principles of universality, interdependence, and indivisibility of rights.

It consolidates the international consensus regarding the notion of human rights, and fills in the open obligations established by the UN Charter. Flávia Piovesan, a professor at IDP, considers it the foundation, or cornerstone, of the vast system developed since then.

The document consists of a preamble and 30 articles that establish the fundamental rights and freedoms that must be protected and respected by all member states of the United Nations.

It is the first universal declaration that recognizes that all human beings have inalienable rights, regardless of their race, color, religion, gender, language, or any other status.

These rights include, among others, the right to life, liberty and personal security, freedom of opinion and expression, freedom of peaceful assembly and association, equality before the law, and protection against discrimination.

The Declaration states in Article 1 that all human beings are born free and equal in dignity and rights. Endowed with reason and conscience, they should act towards one another in a spirit of brotherhood. Being a universal system, it aims to protect all people, regardless of the country or context in which they find themselves.

The Declaration is not a legally binding treaty, but it is a powerful expression of the international community's will to protect and promote the human and fundamental rights of all people.

Since its adoption, it has served as a guide for the drafting of national and international human rights laws, as well as for the actions of governments and international organizations worldwide.

Regional Human Rights Systems: considering the specificities of each region

The Regional Systems are divided into European, African, and Inter-American. They offer greater protection to specific rights shared by countries in the same geographic area due to their proximity and local conditions.

In this text, we will focus on the European and African populations.

European System of Human Rights

The European Human Rights System refers to the set of instruments and bodies responsible for protecting and promoting human rights in Europe. It comprises various international treaties, including the European Convention on Human Rights and its additional protocols, and the bodies responsible for their application, including the European Court of Human Rights.

The European Convention on Human Rights, which entered into force in 1953, establishes a series of fundamental rights, including the right to life, liberty and security of person, freedom of expression, freedom of thought, conscience and religion, and the right to a fair trial.

The additional protocols address specific issues, such as the abolition of the death penalty and the protection of social and economic rights.

The European Court of Human Rights, based in Strasbourg, France, is the principal body responsible for the application of the European Convention on Human Rights.

The Court is composed of judges from each member state of the Council of Europe and has the power to examine individual petitions concerning violations of human rights. Its decisions are binding on member states and can lead to the condemnation of states that violate human rights.

Furthermore, the European Union has its own system for the protection of human rights, which consists of the Charter of Fundamental Rights of the European Union and the case law of the Court of Justice of the European Union.

The Charter of Fundamental Rights establishes a series of fundamental rights and principles, including human dignity, freedom, equality, non-discrimination, and the right to a fair trial.

The Court of Justice of the European Union has jurisdiction to examine the conformity of European Union laws with the Charter of Fundamental Rights.

African Human Rights System

The African Human Rights System is the most recent. It refers to the set of institutions and mechanisms created by the African Union to promote and protect human rights in Africa.

The system is composed of various treaties and conventions, such as the African Charter on Human and Peoples' Rights , which establish the fundamental rights and freedoms recognized by African countries.

Among the main bodies of the African Human Rights System are the African Commission on Human and Peoples' Rights, the African Court of Human and Peoples' Rights, and the African Committee on the Rights and Welfare of the Child. 

They have the responsibility to receive reports of human rights violations, conduct investigations, and take steps to ensure that victims are protected and that violations are remedied.

The System's inception stemmed from the need for African countries to promote their self-determination, that is, to guarantee that each people can govern themselves without external interference, respecting their cultural diversity and historical traditions.

Another reason was to assist these countries in the decolonization process and to promote international cooperation to participate in the global economy.

Being the most recent of the Regional Systems, some consider it the least advanced in its structure. However, the African Charter provides for civil, political, economic, cultural, and social rights, while the charters of the other Regional Systems initially provided only for civil and political rights.

Another distinctive feature of the African Charter is the importance it places on collective rights, and not just individual rights. The preamble itself declares that respect for the rights of peoples must necessarily guarantee Human Rights.

Are you interested in this topic? Look into the Postgraduate Program in Constitutional Law at IDP and deepen your knowledge of Human Rights and the International Protection of Fundamental Rights.

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References

BRAZIL. Constitution (1988). Constitution of the Federative Republic of Brazil of 1988.

MAZZUOLI, Valerio. Judicial control of the conventionality of laws . 4th ed. São Paulo: RT, 2016.

PIOVESAN, Flávia. Course on Human Rights: Inter-American System. São Paulo: Grupo GEN, 2021.