THE PERSPECTIVES OF UNIVERSAL AND REGIONAL SYSTEMS FOR PROTECTION OF HUMAN RIGHTS

Temelkovska-Anevska, Elena (2014) THE PERSPECTIVES OF UNIVERSAL AND REGIONAL SYSTEMS FOR PROTECTION OF HUMAN RIGHTS. In: Conference Proceedings, INTERNATIONAL SCIENTIFIC CONFERENCE MACEDONIA AND THE BALKANS, A HUNDRED YEARS AFTER THE WORLD WAR I – SECURITY AND EURO-ATLANTIC INTEGRATIONS. Conference Proceedings, 2 . Faculty of Security- Skopje, University "St. Kliment Ohridski"-Bitola, Skopje, pp. 565-577. ISBN 978-608-4532-52-1

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Abstract

This paper analyzes the mechanisms of protection of human rights by comparing the universal/international and regional systems for protection of human rights. The focus is on the various documents and acts regarding the protection of human rights, the institutional machinery, the enforcement mechanisms and the advantages of both systems in the area of protection and promotion of human rights. This paper will focus on the main systems for protection of human rights at international and regional level. The primary focus is on the international system represented by the United Nations (UN) mechanisms for protection of human rights and the regional systems represented by Council of Europe and OSCE (the so-called “human dimension of OSCE”). The above mentioned systems are effective regional systems for protection and promotion of human rights. However, there are other regional and transnational alliances of states that have chosen to demonstrate their commitment to universal human rights by adopting instruments protecting the rights they declare to respect (such as The Organizations of American States, The Organization of African Unity/The African Union, The Arab League, The Commonwealth of Independent States, Asia-Pacific cooperation, Association of South East Asian Nations (ASEAN)). These systems of regional cooperation include a diverse range of states at different stages of development and democratization and varying human rights reports. However, none of these organizations are yet supported by effective implementation machinery. Some regional organizations, such as the Council of Europe, have developed their own system which ensures the protection of basic human rights through judicial mechanism. The international or universal system for protecting human rights is not perfect because there are still numerous violations of human rights and many of them appear to go unchallenged at international level. Chapter VIII of the Charter of the UN provides development only of regional systems aimed at securing the maintenance of peace and security (such as, OSCE). In fact, it encourages regional organizations so long as their activities are consistent with the principles and purposes of the UN. Moreover, the first regional system for human rights protection occurred in Europe under the support of the Council of Europe, but such systems were met with some skepticism and distrust by the UN. On the other hand, there are 566 many advantages in developing regional systems of human rights. The advantages can be measured by few criteria, such as possibility for drafting and adopting documents and agreements, accessibility, enforceability, etc. However, all regional systems for protection of human rights remain creations of international law and have the same problems regarding, for example, the enforcement. The regional systems are part of the universal system for protection of human rights and fundamental freedoms, and, operating under the limitations of international law, they cannot take precedence over international human rights. The benefits of the regional systems are evident as they operate in harmonious co-existence with the international system, and the individual benefits from improved arrangements protecting human rights can only be a positive development.

Item Type: Book Section
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Prof. d-r. Elena Temelkovska
Date Deposited: 08 Oct 2022 08:31
Last Modified: 08 Oct 2022 08:31
URI: http://eprints.uklo.edu.mk/id/eprint/7226

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