A/HRC/39/58
III. Achievements of regional and subregional human rights
arrangements
Judicial and quasi-judicial decisions
10.
The most visible contributions of regional human rights arrangements have occurred
in the form of court rulings and attempts by commissions to sway the behaviour of member
States.12 The Inter-American Commission on Human Rights and the landmark decisions of
the Inter-American Court of Human Rights even have an impact on countries beyond the
scope of the original ruling. For example, military officers from several Latin American
dictatorships had benefited from amnesty laws until the Court ruled in the case of Barrios
Altos v. Peru in 2001 that they were in violation of international human rights law.
Consequently, several countries, including Argentina and Chile, repealed their amnesty
legislation and began to prosecute military officers for violations going back to the 1970s.
Indeed, throughout the 2000s, the preventive approach of the Court to human rights
violations, especially its demands for reparations, led some to consider it a “unique driving
force for change.”13
11.
The decisions of the European Commission of Human Rights 14 and later the
European Court of Human Rights have also had a considerable impact on law and practice
in several States. Examples of this include changes to detention practices in Belgium,
Germany, Greece and Italy, the treatment of aliens in the Netherlands, Switzerland and
other countries, press freedom legislation in Britain, wiretapping regulations in Switzerland,
legal aid practices in Italy and Denmark, procedures to speed up trials in Italy, the
Netherlands and Sweden, and privacy legislation in Italy. 15 In Dudgeon v. United Kingdom
in 1981, the Court held that the criminal laws of Northern Ireland prohibiting consensual
sex between consenting adult males violated the right to privacy, as protected by article 8 of
the European Convention on Human Rights. As a consequence of the judgment,
homosexual relations between males were decriminalized in Northern Ireland in 1982. 16
Even if the judgments of the Court are only formally binding vis-à-vis the respective State,
the case law develops human rights standards with significant relevance for all member
States.
12.
In 2001, the African Commission on Human and Peoples’ Rights considered a
communication that dealt with alleged violations of the human rights of the Ogoni people in
Nigeria. It marked the first time the Commission was able to deal with alleged violations of
economic, social and cultural rights in a substantial and firm manner.17 Another interesting
example of court activism is the East African Court of Justice, which has reinterpreted its
mandate to include cases of human rights violations. 18 Furthermore, the ECOWAS system,
which is best known for its jurisprudence on women’s and children’s rights, allows actio
popularis, the filing of complaints by third parties on behalf of victims, which even the
European mechanism does not permit.
12
13
14
15
16
17
18
6
It should be noted that the African, Inter-American and European commissions on human rights,
among other regional arrangements, use precautionary measures where there is an imminent risk of
irreparable harm to individuals or groups. That is a powerful protection mechanism, especially for
human rights defenders at risk.
Geneviève Lessard, “Preventive reparations at a crossroads. The Inter-American Court of Human
Rights and Colombia’s search for peace”, International Journal of Human Rights, (January 2017).
The precursor of the enlarged European Court of Human Rights until the entry into force of Protocol
11 in 1998.
See Jack Donnelly, Universal Human Rights in Theory and Practice, 3rd ed. (Ithaca, New York,
Cornell University Press, 2013).
European Court of Human Rights factsheet, “Homosexuality: criminal aspects”, (2014), available at
www.echr.coe.int/Documents/FS_Homosexuality_ENG.pdf.
Fons Coomans, “The Ogoni case before the African Commission on Human and Peoples’ Rights”,
International and Comparative Law Quarterly, vol. 52 (July 2003).
Ally Possi, “The East African Court of Justice: towards effective protection of human rights in the
East African Community”, Max Planck Yearbook of United Nations Law, vol. 17 (2013).
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