A/HRC/39/58
Standard setting
13.
Although court decisions, by establishing legal precedents, constitute a form of
strong standard-setting, regional arrangements are also successful at diffusing and
reinforcing human rights norms and standards in their regions in cooperation with member
States. The European human rights regime has contributed to human rights advancements
within European countries and serves as a reference model worldwide. The creation of and
high compliance with human rights norms has been possible due to strong pre-existing
norms within Europe, but the European Convention on Human Rights has also helped to
develop human rights standards in new member States, particularly with the accession of
many eastern and south-eastern member States after 1990. Montenegro, which acceded to
the Council of Europe in 2007, exemplifies the way in which a regional human rights
mechanism can assist standard-setting in a collaborative fashion, not only through court
rulings. According to the Government of Montenegro, the country has adopted numerous
strategic documents and action plans, including on displaced people, improvement of the
status of Roma and Egyptians, human trafficking, lesbian, gay, bisexual and transgender
rights and the protection of children and the elderly. In terms of legal changes, Montenegro
has amended the Law on the Prohibition of Discrimination, the Law on Gender Equality,
the Law on the Protector of Human Rights and Freedoms and adopted a Law on the
Prohibition of Discrimination against Persons with Disabilities. In line with
recommendations from the Council of Europe, Montenegro also included a comprehensive
definition of hate speech in the Law on the Prohibition of Discrimination. 19
14.
This collaborative approach is evident in Africa as well. At its fifth session, the
African Commission on Human and Peoples’ Rights resolved that States parties should
incorporate the teaching of human rights into their educational curricula and establish
committees on human rights at national, subnational and regional levels. Some African
countries, such as Nigeria, have incorporated the provisions of the African Charter on
Human and Peoples’ Rights into their domestic law. The Commission has also sponsored a
number of seminars and international conferences covering a broad spectrum of issues,
such as community work, economic, social and cultural rights, HIV and AIDS in Africa,
prisons and women’s rights.20
Publication of country reports, on-site observation and country visits
15.
Regional arrangements also play a crucial role in collecting and disseminating
information about human rights conditions in the region, which allows cross-country
comparisons and the development of best practices. In 2014, the press unit of the European
Court launched six new factsheets on the case law concerning elderly people, persons with
disabilities, political parties and associations, hunger strikes in detention, migrants in
detention and domestic violence. It has now prepared a total of 59 factsheets in English and
French, many of which have also been translated into German, Italian, Polish, Romanian,
Russian and Turkish with the support of the Governments concerned. The press unit has
also prepared country profiles covering each of the 47 member States. In addition to general
and statistical information on each State, the country profiles provide information on the
most noteworthy cases concerning that State.21
16.
Between 1970 and 1980 the Inter-American Commission on Human Rights put
pressure on repressive Governments. Its reporting on Chile and Argentina under military
law had particular significance for internal and international human rights advocates. In the
early 1990s, the Commission began to closely monitor countries with fragile democratic
institutions that were still experiencing political violence. It published four reports on the
human rights situation in Haiti between 1990 and 1995 and three reports on Guatemala
between 1993 and 2001. In 1998, the Commission visited Peru and prepared a
19
20
21
Survey response by the Government of Montenegro.
Timothy F. Yerima, “Over two decades of African Commission on Human and People’s Rights:
flying or fledgeling”, Global Journal of Human Social Science Arts and Humanities, vol. 12, No. 12
(2012).
See, for example, European Court of Human Rights, annual report 2014.
7
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