A number of tools have also developed more robust procedures to allow intrusive visits not only to respond to human rights violations, but also to prevent them. The principle of non-discrimination aims to: “. to ensure that human rights are exercised without discrimination of any kind on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including disability, age, marital status, sexual orientation and gender identity, state of health, place of residence, economic and social situation”. The Commissioner may deal ex officio with any matter within his or her jurisdiction. Although the Commissioner cannot receive individual complaints, he can act on the basis of all relevant information on general aspects of human rights protection as enshrined in Council of Europe instruments. Such information and requests for treatment may be addressed to the Commissioner by governments, national parliaments, national ombudsmen or similar bodies, as well as by individuals and organisations. The Commissioner`s thematic work included the preparation of reports, recommendations, opinions and positions on the human rights of asylum seekers, immigrants and Roma. At the international level, States have joined forces to draft certain human rights agreements. These agreements set objective standards of conduct for States and imposed certain obligations on them. They can be of two types: legally binding or non-binding. A binding document, often referred to as a treaty, convention or covenant, represents a voluntary commitment by states to implement human rights at the national level.
States individually undertake to be bound by these standards through ratification or accession (the mere signature of the document does not make it binding, although it represents the will to facilitate this). States may formulate reservations or declarations in accordance with the 1979 Vienna Convention on the Law of Treaties, which exempts them from certain provisions of the document in order to encourage as many of them as possible to sign. After all, it is better to have a state that promises to respect certain human rights provisions than nothing! However, this mechanism can sometimes be abused and used as a pretext to deny fundamental human rights, allowing a state to “escape” international control in certain areas. However, human rights have also permeated binding law at the national level. International human rights law has prompted states to enshrine these standards in national constitutions and other laws. They can also provide redress for human rights violations at the national level. Addressing the needs and rights of individuals at different stages of life requires a holistic approach in the broader context of the promotion of human rights, gender equality and equality. Europe has a well-established system of human rights protection within the Council of Europe, the cornerstone of which is the European Convention on Human Rights with its Strasbourg-based European Court of Human Rights. The duty of the State to respect, promote, protect and fulfil rights is therefore paramount, as is that of regional or subsidiary international tribunals, and applies especially when the State intentionally or systematically violates rights. We all know examples of the need to use regional and international mechanisms to recognize that violations occur at the national level. Regional and international concerns or support may be the trigger for guaranteeing rights at the national level, but this only happens when all national possibilities are used and exhausted. That is why we will devote the rest of this section to this scenario.
What recourse is available if national systems have not ensured adequate protection of the enjoyment of human rights? Disadvantage and exclusion serve to exclude certain population groups from healthy societies. Three of the world`s deadliest communicable diseases – malaria, HIV/AIDS and tuberculosis – disproportionately affect the world`s poorest populations and are in many cases exacerbated and exacerbated by other inequalities and inequalities such as gender, age, sexual orientation or gender identity and migration status. Conversely, the burden of NCDs, which are often perceived as impacting high-income countries, increases disproportionately in low-income countries and populations and is largely linked to lifestyle, behavioural and environmental determinants such as safe housing, water and sanitation. which are inextricably linked to human rights. America has the Organization of American States, and the most important binding document is the 1969 American Convention on Human Rights. In Africa, we find the African Charter on Human and Peoples` Rights, adopted in 1986 within the African Union (formerly the Organization of African Unity). No real system has yet been developed on the Asian continent, and the only regional human rights instrument is a non-binding 1998 Peoples` Charter initiated by civil society – the Asian Declaration of Human Rights. A number of international human rights treaties and other instruments adopted since 1945 have given legal form to inherent human rights and developed the corpus of international human rights. At the regional level, other instruments have been adopted to address the specific human rights concerns of the region and to provide for specific protection mechanisms. Most states have also adopted constitutions and other laws that formally protect basic human rights. While international treaties and customary law are the backbone of international human rights law, other instruments such as internationally agreed declarations, guidelines and principles contribute to its understanding, implementation and development. Respect for human rights requires the establishment of the rule of law at the national and international levels.
The Council of Europe, with its 47 member states, has played a key role in promoting human rights in Europe. Its main human rights instrument is the European Convention for the Protection of Human Rights and Fundamental Freedoms (also known as the European Convention on Human Rights). This has been accepted by all Council of Europe member states as a precondition for membership. It was adopted in 1950 and came into force three years later. It guarantees civil and political rights, and its greatest strength is its implementation mechanism, the European Court of Human Rights. This court and its jurisprudence are admired throughout the world and often invoked by the United Nations and by the constitutional courts of many countries and other regional systems. Nothing in this Declaration shall be interpreted as implying the right of any State, group or person to engage in any activity or act aimed at the destruction of the rights and freedoms set forth in this Declaration. Freedoms include the right to control one`s health and body (e.g., sexual and reproductive rights) and the right not to be ingested (e.g., not to be subjected to torture and non-consensual medical and experimental treatment). Over time, international human rights treaties have become more focused and specialized, both in terms of the issue addressed and the social groups identified as vulnerable. International human rights law continues to develop, evolve and develop the fundamental rights and freedoms set forth in the International Bill of Human Rights, addressing issues such as racial discrimination, torture, enforced disappearances, disability and the rights of women, children, migrants, minorities and indigenous peoples.
