The Role of International Courts in Enforcing Human Rights

Treaties: A Comparative Analysis.

Introduction
Human Rights are fundamental rights that every person is entitled to by birth.
Although earlier it was not available to everyone and (Higgin,2009) noted that it was
viewed as a minority’s right. The key cause of negligence towards human rights and
its violation can be traced to its lack of education & awareness. The foundation of
international human rights law was the Universal Declaration of Human Rights in the
year 1948 and since then treaties, policies, and courts have been established to
contribute to the growth of human rights to influence legal standards and social
action as a whole (Bajaj, 2017).

International Courts Overview:

Worldwide many courts have been established to lay down the concrete foundation
for human rights and to ensure justice for its violations.

1) African Court on Human and peoples Rights (AfCHPR)

AfCHPR is based in Arusha, Tanzania which aims to protect human rights in
Africa and interpret the African Charter. The main jurisdiction of the court is
hearing complaints regarding human rights violations and holds four ordinary
sessions per year (Romano, Alter and, Shany, 2015).

2) Inter-American court of human rights

The existence of the IACHR is to monitor, promote, and protect human rights
in all countries of America. Both the Commission and the Court of Inter-
American system have the authority to resolve complaints of individuals
regarding human rights violations and deliver protective measures in a state
of urgency or immediate risk (Wilson, 2014).

3) International Court of Justice (ICJ)

ICJ is the main judicial organ of the United Nations and is also known as the
World Court, however, it is not a specialized institution of human rights in
every aspect. ICJ has limited jurisdiction to hear combative cases and only a
 few inter-state disputes have been decided by the judges (International Court of
Justice, n.d).

[4)] European Court of Human Rights

European Court of Human Rights situated under Strasbourg, France began
operating in 1959. This Court was created under the Council of Europe after
the reformation of the European human rights system which allegedly had
many pitfalls. Similar to the Inter-American System, Individual victims and
state concerning violations of human rights can directly register their
complaints. However, it cannot take cases on its own and the applicant
necessarily does not have to be a citizen of European countries (Romano, Alter
and, Shany, 2015).

Impact of Human Rights Treaties:

Undoubtedly, Human rights treaties have impacted various arenas on national and
international levels. It has enabled citizens of the states that are party to these
various human rights treaties to submit claims against violation of human rights
breaches. Through human rights treaties and their implementation through
international courts, various states have brought changes in the way human rights
are protected. In 2008, the Hungarian Health Ministry announced the amendment of
their legislation when the keepers of the 1979 Convention on the Elimination of All
Forms of Discrimination against Women, found that the woman’s rights under the
Convention had been violated in a case (Bedi, 2007).

Case Studies:
1. The African Commission accused Libya of violating human rights standards
based on a complaint received against Great Socialist People's Libyan Arab
Jamahiriya. They further observed that the case likely delved into specific
instances or patterns of human rights abuse and Libya must immediately
refrain from breaching any provision of the African Charter or any international
human rights instrument to which they are a party (African Commission on
Human and Peoples' Rights v. Great Socialist People's Libyan Arab Jamahiriya,
2011).
 2. Maria da Penha Fernandes, a victim of domestic abuse applied to the Inter-
American Commission, claiming that Brazil's incompetent legal system and
prosecution led to more violent crimes against women. After a steady 19-year
trial, the accused was sentenced to two years in prison. The Inter-American
Commission observed that da Penha's human right to live free from violence
and to obtain justice had been violated by Brazil's delays and lack of
protections for victims of domestic abuse (Spieler, 2011).

3. Democratic Republic of the Congo (DRC) unjustly detented a businessman

who was a citizen of Guinea a country in West Africa after which Guinea
applied ICJ to initiate proceedings against the DRC. The court observed that
DRC has various Human rights treaties and held that it is under obligation to
pay adequate compensation to the Republic of Guinea for the violation of
human rights in the international spectrum (Crook, 2004).

Comparative analysis of the implementation of Human Rights through

International Courts:
● European Convention of Human Rights, the Court has delivered more than
16,000 judgments around various social issues concerning human rights such
as abortion, assisted suicide, body searches, domestic slavery, adoption by
homosexuals, etc (Romano, Alter and, Shany, 2015).

● International Court of Justice has reinforced the United Nations' human rights
machinery and a few judgments have also significantly shaped international
human rights law even though it has a minor role in comparison to other
human rights-specific court (Romano, Alter, and Shany, 2014).

● The Inter-American Commission also participates in a wide range of activities

that are relevant to promoting and monitoring human rights. In contrast, the
AfCHPR and IACHR play an extensive part in circulating advisory opinions on
issues that interpret various Human rights instruments (Wilson, 2014).
Conclusion
(Bedi, 2007) observed that more than 80 international human rights instruments
have been impacted by the Universal Declaration of Human Rights and international
courts play pivotal roles in enforcing human rights treaties. Through case studies and
their unique contributions, these institutions emerge as key players in holding states
accountable for violations, shaping legal standards, and promoting human rights.
Some major challenges in the enforcement of human rights treaties are poor
accountability & investigation of the violations, lack of awareness as well and the
weak implementation of the verdicts (Bilkova, Peters, and Dijk, 2014).
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article=1001&context=njihr. Accessed on: 25 November, 2023

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University Of Pennsylvania Press. Accessed on: 25 November, 2023

Richard Wilson (2014) The Most Important Cases of the Inter-American Commission
on Human Rights, Security and Defense Studies. Accessed on: 24 November,
2023

Romano, C., Alter, K.J. and Yuval Shany (2015). The Oxford handbook of
international adjudication. Oxford: Oxford University Press. Accessed on: 24
November, 2023

Spieler (2011). The Maria da Penha Case and the Inter-American Commission on
Human Rights: Contributions to the Debate on Domestic Violence Against
Women in Brazil. Indiana Journal of Global Legal Studies, 18(1), p.121 Doi:
https://doi.org/10.2979/indjglolegstu.18.1.121. Accessed on:25 November,
2023