Scribd
Upload
16 views2 pages

The Protection System of Human Rights

The document outlines the international and intrastate protection systems of human rights, detailing the evolution from declarations to legally binding treaties and the establishment of institutions like the United Nations and the Council of Europe. It highlights key documents such as the Universal Declaration of Human Rights and the European Convention on Human Rights, which serve as foundational texts for human rights protection. Additionally, it discusses the role of national bodies like the police, courts, and the Ombudsman in safeguarding citizens' rights within individual states.

Uploaded by

Agata A
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
16 views2 pages

The Protection System of Human Rights

The document outlines the international and intrastate protection systems of human rights, detailing the evolution from declarations to legally binding treaties and the establishment of institutions like the United Nations and the Council of Europe. It highlights key documents such as the Universal Declaration of Human Rights and the European Convention on Human Rights, which serve as foundational texts for human rights protection. Additionally, it discusses the role of national bodies like the police, courts, and the Ombudsman in safeguarding citizens' rights within individual states.

Uploaded by

Agata A
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

THE PROTECTION SYSTEM OF HUMAN RIGHTS

declaration, treaty, covenant (dohovor), the United Nations, the Council of Europe (Rada
Európy), the Universal Declaration of Human Rights, the European Convention on Human
Rights, the Ombudsman
International protection system of human rights

Till 1945 when United Nations was founded, there did not exist any international implementation of
human rights. The effort to protect human rights on the international level was realised gradually on
three stages: 1. Declarations

2. International covenants, treaties, pacts, conventions

3. Founding of international institutions

The protection of human rights was gradually realised on global and regional levels- from
declarations through legally binding international treaties and agreements, to founding international
institutions dealing with observance of human rights.

We distinguish A) INTERNATIONAL and B) INTRASTATE PROTECTION OF HUMAN RIGHTS

A) INTERNATIONAL PROTECTION OF HUMAN RIGHTS

The effort to protect h.r. internationally is realised on I. global level and II. regional level

GLOBAL LEVEL
H.r. concern all people in the world, therefore the protection of all people without an exception is
needed.

The effort to prevent wars, inhuman treatment and violation of fundamental h.r. led to the
establishment of THE UNITED NATIONS in 1945. The seat of the UN is in New York, and the
Secretary General of the United Nations is the head.

The fundamental document approved by the UN is THE UNIVERSAL DECLARATION OF HUMAN


RIGHTS.

The content of the Universal Declaration of H.R. was adopted by the United Nations General
Assembly on 10 December 1948 at Palais de Chaillot, Paris. It confirmed fundamental h.r. and
freedoms, however it only became legally binding when two international documents of the UN were
approved: the International Covenant on Economic, Social and Cultural rights and the International
Covenant on Civil and Political Rights which became effective in force in 1976. 10th December is the
International Human Rights Day.

To solve international disputes THE INTERNATIONAL COURT OF JUSTICE was established in Hague
(Netherlands) as the international judicial body of the UN with the worldwide influence.

REGIONAL LEVEL
-after the WW II the system of protection of h.r. started to be built.

In 1949 THE COUNCIL OF EUROPE was created- stressed mainly the principles of a legal state where
power of the state is inferior to law, and all people have human rights and freedoms. Its
headquarters are in Strasbourg (France).
The fundamental document of the Council of Europe is THE EUROPEAN CONVENTION ON HUMAN
RIGHTS which was signed by 10 European countries on 4 November 1950 in Rome and came to
force in 1953. Additional protocols were gradually added to this Convention and it became one of the
most elaborate and the most effective treaties in the world. This document guarantees
fundamental h.r. to everyone who is under jurisdiction of the states that signed the Convention.

THE EUROPEAN COURT OF HUMAN RIGHTS with its seat in Strasbourg deals with violation of
h.r.,and enables member states of the Council of Europe to file a complaint against other states, or an
individual to file a complaint against any member state.

Also members of the European Union took principles of European protection system of h.r. for their
own. THE EUROPEAN COURT OF JUSTICE was established in Luxembourg which was able to
guarantee protection of fundamental h.r. and freedoms to the EU citizens. It ensures the right
interpretation and application of the articles of the European Union´s treaties.

B. INTRASTATE PROTECTION OF HUMAN RIGHTS

To secure order and rights for and of the citizens a state establishes special bodies – THE POLICE,
PROSECUTION, LAW COURTS, THE CONSTITUTION COURT, AND THE OMBUDSMAN which ensure
rights of citizens are not violated.

In the Slovak Republic the Constitution Court decides if h.r. were violated. Its task is to protect
constitutionality.

Quite new institution protecting h.r. is the Ombudsman in Slovakia. It is a high -ranking civil servant,
or a public defender of h.r. who helps with complaints of citizens and gives them advice. The
Ombudsman is not subordinated to the government, but to the parliament which elects him. The
Ombudsman gives a report on h.r. to the parliament annually.

In case of violation of h.r., a member state or citizens of one member state of the Council of Europe,
have to first turn to the bodies of intrastate system of protection of h.r., and only when they run
out of intrastate options they can turn to international European (The European Court of H.R. in
Strasbourg- France) or the world courts with their complaints.

You might also like