Regional Mechanisms and ECHR

Question 1

What are some examples of regional human rights protection mechanisms?

Answer 1

The Council of Europe (CoE) and its European Convention on Human Rights (ECHR).

Americas: The Organization of American States (OAS) with its American Convention on Human Rights (ACHR), Inter-American Commission on Human Rights (IACommHR), and Inter-American Court of Human Rights.

Africa: The African Union (AU) with its African Charter on Human and Peoples’ Rights.

Question 2

What are the key features of the ECHR?

Answer 2

Outlines civil and political rights and freedoms.

Includes provisions for limitations and derogations in times of war or public emergency.

Has been expanded by numerous protocols adding additional rights and procedural safeguards.

Question 3

Describe the role and procedure of the European Court of Human Rights (ECtHR).

Answer 3

Established under the ECHR.

Adjudicates cases alleging violations of the Convention brought by individuals or states.

Applications must meet admissibility criteria.

Procedure involves several stages: single-judge assessments, committee or chamber examinations, and potential referral to the Grand Chamber.

Question 4

What are the strengths and weaknesses of the ECtHR?

Answer 4

Strengths:
Individuals have direct access.
Operates as a full-time court.
Issues binding judgments.
Execution of judgments is supervised by the Committee of Ministers.

Weaknesses:
Backlog of cases causes delays.
Challenges enforcing high-profile or politically sensitive judgments.