African Charter of Human and Peoples' Rights vs. European Convention on Human Rights

Attribute	African Charter of Human and Peoples' Rights	European Convention on Human Rights
Year Adopted	1981	1950
Geographical Scope	Africa	Europe
Number of States Parties	53	47
Supervisory Body	African Commission on Human and Peoples' Rights	European Court of Human Rights
Individual Complaint Mechanism	Yes	Yes

Introduction

Human rights are fundamental rights that are inherent to all human beings, regardless of nationality, ethnicity, or any other status. The African Charter of Human and Peoples' Rights and the European Convention on Human Rights are two important international human rights instruments that aim to protect and promote human rights. While both charters share similar goals, they also have distinct attributes that set them apart. In this article, we will compare the attributes of the African Charter of Human and Peoples' Rights and the European Convention on Human Rights.

Scope and Coverage

The African Charter of Human and Peoples' Rights, adopted in 1981, is a regional human rights instrument that is applicable to all African countries that are parties to the charter. It not only protects individual rights but also recognizes the rights of peoples and communities. On the other hand, the European Convention on Human Rights, established in 1950, is a regional treaty that applies to the member states of the Council of Europe. It primarily focuses on protecting individual rights and freedoms.

Enforcement Mechanisms

One of the key differences between the African Charter of Human and Peoples' Rights and the European Convention on Human Rights is their enforcement mechanisms. The European Convention on Human Rights has a well-established enforcement system, which includes the European Court of Human Rights. Individuals can bring complaints against member states for alleged violations of their rights, and the court can issue binding judgments. In contrast, the African Charter of Human and Peoples' Rights lacks a strong enforcement mechanism, making it challenging for individuals to seek redress for human rights violations.

Protection of Economic, Social, and Cultural Rights

Another important distinction between the two human rights instruments is their approach to economic, social, and cultural rights. The African Charter of Human and Peoples' Rights explicitly recognizes these rights as essential components of human rights. It obligates states parties to take measures to ensure the realization of these rights, such as the right to education, health, and adequate standard of living. In comparison, the European Convention on Human Rights focuses more on civil and political rights, with limited provisions for economic, social, and cultural rights.

Death Penalty

The issue of the death penalty is another area where the African Charter of Human and Peoples' Rights and the European Convention on Human Rights differ. The European Convention on Human Rights prohibits the use of the death penalty in all circumstances, including during times of war. In contrast, the African Charter of Human and Peoples' Rights allows for the imposition of the death penalty in certain cases, such as for serious crimes and in accordance with national laws. This reflects the differing views on the death penalty between the two regions.

Freedom of Expression

Both the African Charter of Human and Peoples' Rights and the European Convention on Human Rights protect the right to freedom of expression. However, there are some differences in how this right is interpreted and applied. The European Convention on Human Rights has a more developed jurisprudence on freedom of expression, including the balancing of this right with other rights and interests. The African Charter of Human and Peoples' Rights also protects freedom of expression but may not have the same level of specificity and clarity in its provisions.

Conclusion

In conclusion, the African Charter of Human and Peoples' Rights and the European Convention on Human Rights are both important human rights instruments that aim to protect and promote human rights. While they share common goals, such as the protection of individual rights, they also have distinct attributes that reflect the unique historical, cultural, and legal contexts of their respective regions. Understanding the similarities and differences between these two charters can help to enhance the protection of human rights globally.