Legal Rights and Protections
The Council of Europe Commissioner for Human Rights should not be confused with the United Nations Commissioner for Human Rights. It goes without saying that the protection and understanding of human rights ultimately depends mainly on developments and mechanisms at the national level. Existing laws, policies, procedures and mechanisms at the national level are essential to the enjoyment of human rights in each country. It was therefore crucial that human rights be part of national constitutional and legal systems, that members of the judiciary be trained in the application of human rights standards and that human rights violations be condemned and punished. National standards have a more direct impact and national practices are more accessible than those at the regional and international levels. As Eleanor Roosevelt noted, the International Court of Justice (ICJ) is the principal judicial organ of the UN. It has a dual function: to settle disputes submitted to it by States in accordance with international law and to give advisory opinions on legal questions. Only States can bring an action against another State, and usually the cases have to do with treaties between States. These treaties may concern fundamental relations between States (e.g.
commercial or territorial) or relate to human rights issues. The ICJ does not allow individuals to invoke human rights or other claims. However, it has contributed to the promotion of human rights by interpreting and developing human rights rules and principles in cases submitted to it by States or international bodies. It dealt with rights such as self-determination, non-discrimination, freedom of movement, prohibition of torture, etc. So far, there are three permanent regional courts that exist as monitoring bodies specifically for the implementation of human rights: the European Court of Human Rights, the Inter-American Court of Human Rights and the African Court on Human and Peoples` Rights (ACHPR). The Inter-American Court of Human Rights was established in 1979 by the Organization of American States to interpret and enforce the American Convention on Human Rights. The African Court is the youngest of the regional courts and was established in January 2004. It decides cases in accordance with the African Charter on Human and Peoples` Rights concerning member States of the African Union. The judges of the Court, based in Arusha, Tanzania, were elected in 2006 and delivered its first Judgment in December 2009, in which it declared itself incompetent to hear the case of Yogogombaye v. Senegal. Complaints against a State are submitted to a commission or committee in a so-called quasi-judicial procedure. The Board of Supervisors then takes a decision and States are expected to comply, even if there is no enforcement procedure.
Often, a State must make an additional declaration or ratify an optional protocol to signal its acceptance of the complaints system. The Human Rights Committee (or “ICCPR Committee”) and the Committee on the Elimination of Racial Discrimination (within the United Nations system) and the Inter-American Commission on Human Rights (within the Organization of American States) are examples of bodies dealing with such complaints. We already know that human rights are inalienable rights that every human being possesses, but how can we access these rights? Where can we find evidence that these rights have been officially recognized by states? And how are these rights implemented? If you think the working conditions are unsafe or unhealthy, you can always file a complaint with OSHA about a dangerous work condition. If possible, inform your employer of the conditions. If the condition clearly poses a risk of death or serious bodily harm, OSHA does not have sufficient time to inspect, and an employee has brought the condition to the attention of the employer, the employee may have the legal right to refuse to work in a situation where he or she would be exposed to danger. If you have questions about what to do, contact your local OSHA office. We will treat your data confidentially. We`re here to help.
State and local government employees – Employees of state and local government agencies are not covered by federal OSHA, but receive protections under the Occupational Health and Safety Act if they work in one of the states or territories that have an OSHA-approved state program. The Declaration also contains a strong reference to the duties of community and citizenship, which are essential for free and full development and respect for the rights and freedoms of others. Similarly, the rights set forth in the Declaration may not invoke individuals or States that violate human rights. The Office of the Council of Europe Commissioner for Human Rights was established in 1997. The aim of this independent institution is both to promote the concept of human rights and to ensure the effective respect for and full enjoyment of these rights in Council of Europe member states. The Commissioner is elected by the Parliamentary Assembly for a non-renewable term of six years. The Commissioner is an extrajudicial institution whose activities should be seen as complementary to other Council of Europe institutions working to promote human rights. The Commissioner shall perform his duties independently and impartially, respecting the competence of the various supervisory bodies established by the European Convention on Human Rights or other Council of Europe human rights instruments. The roles of the European Court of Human Rights (ECHR), the European Court of Justice (CJEU) and the International Court of Justice (ICJ) are often confused. Indeed, the three institutions differ considerably in terms of their territorial jurisdiction and the types of cases they examine.
The CJEU is an institution of the European Union. It is a court whose main task is to ensure that Community law is not interpreted and applied differently in each Member State. It is based on Community law and not on human rights; But sometimes Community law may include human rights issues. The International Court of Justice (ICJ) is the principal judicial organ of the United Nations and its role has been discussed above. Before your visa interview at the U.S. Embassy or Consulate abroad, it is important that you take the time to read this booklet carefully. This will help you learn more about your rights and protection in the United States, as well as the resources available to you when you need help. At the national level, this work is carried out by the courts – where human rights instruments have been ratified or transposed into national law – but also, depending on the country, by ombudsmen, human rights commissions, human rights councils, parliamentary committees, etc.
The main international oversight bodies are commissions or committees and tribunals, all composed of independent members – experts or judges – none of whom represent a single State.
