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11 - Regional mechanisms of protection

from PART III - THE MECHANISMS OF PROTECTION

Olivier De Schutter
Affiliation:
Université Catholique de Louvain, Belgium
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Summary

INTRODUCTION

This chapter reviews a number of questions raised by the protection of human rights at a regional level. It does not offer a systematic treatment of how the Universal Declaration of Human Rights has been implemented in the regional context; nor does it examine in detail the working methods or case law of regional human rights courts or expert bodies established at regional level. This case law has been presented in chapters 3–7, which examined the content of States' obligations to respect, protect and fulfil human rights without discrimination. In those chapters, the contribution of regional courts or non-judicial bodies has been analysed alongside that of bodies established at the international level, in order to describe the content of the emerging jus commune in the field of human rights. As to the overall context, it has been briefly recalled in chapter 1, section 2, which discussed the role of human rights in the Council of Europe, the Organization of American States, and the African Union.

Instead, this chapter aims to review a set of core questions raised at regional level, that remained unaddressed in the previous chapters. It is divided into three sections, corresponding respectively to the Council of Europe, the Organization of American States, and the African Union (formerly Organization of African Unity). The materials presented seek to identify some of the challenges that regional courts have been facing.

Type
Chapter
Information
International Human Rights Law
Cases, Materials, Commentary
, pp. 897 - 955
Publisher: Cambridge University Press
Print publication year: 2010

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