Regional conventions – Gambia

When domestic institutions are themselves the violators or when they fail, it may be necessary to seek redress beyond national boundaries. The regional system is a supranational mechanism of redress, and, unlike the ‘higher’ level of the UN, the regional system also offers actual courts whose decisions are legally binding upon the State. There are only 3 regional systems, as Asia is regrettably still lacking one – posing a great challenge for civil society campaigners and public interest lawyers in the Asia region, as well as a very good case to fight for.

For the text of these conventions and pages of their committees, please use the following links below:

Inter American: The Inter-American Commission on Human Rights receives a petition from any person, group of persons or non-governmental organisations alleging violations of the rights protected in the American Convention on Human Rights and / or the American Declaration on the Rights and Duties of Man. The process is only semi-public and has several important criteria for the relevance of accepted complaints. Regarding the adjudicatory jurisdiction of the Inter-American Court of Human Rights, only the Commission and the States Parties to the Convention are empowered to submit cases concerning the interpretation and application of the Convention. In addition, in order for a case against a State Party to be brought before the Court, the State Party must recognise the jurisdiction of the Court.

African: The African Charter on Human and People's Rights views individual and people’s rights as linked.  It contains a list of the prerogatives and obligations, and also of the organs for the protection and defence of those same values. The African Charter on the Rights and Welfare of the Child is modelled after the articles of the CRC. The main difference lies in the existence of provisions concerning children's duties, in line with the African Human Rights Charter. The Commission on Human and Peoples’ Rights receives communications from a State, when this State believes that another State Party has violated the provisions of the Charter. The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted.

European: The machinery for enforcement of human rights agreements under the European Convention for the Protection of Human Rights and Fundamental Freedoms is the most developed in the world. The court in Strasbourg receives cases, but is currently several years behind due to a very heavy case burden. The European Social Charter sets out its system of supervision and enforcement, providing for a monitoring and reporting procedure to a committee of independent experts, and a system of collective complaints.