The most developed systems of international human rights protection have been set up on a regional level. It started in the framework of the Council of Europe and was followed by systems of regional protection in the framework of the Organisation of American States and in that of the Organisation of African Unity.

A. HUMAN RIGHTS PROTECTION IN THE FRAMEWORK OF THE COUNCIL OF EUROPE

The “Committee of Movements for European Unity” organised in 1948 in The Hague (Netherlands) a “Congress of Europe”. This led to the establishment in 1949 of the Council of Europe and to the adoption of the European Convention on Human Rights in 1950 and the European Social Charter in 1961.

THE EUROPEAN CONVENTION ON HUMAN RIGHTS

The European Convention on Human Rights, adopted in the framework of the Council of Europe, was signed in Rome (Italy) on 4 November 1950 and entered into force on 3 September 1953. The European Convention guarantees most of the civil and political rights enumerated in the Universal Declaration of Human Rights. Some more disputed rights were later included in additional protocols. Some of the articles of the European Convention guaranteeing rights and freedoms contain a second paragraph which allows for restrictions under strict conditions: “in accordance with the law”, “necessary in a democratic society”, in the interest of legitimate goals and without discrimination. Some other protocols have amended the institutional provisions of the Convention concerning the control mechanisms set up to supervise the respect by the States parties of the normative provisions. Originally, three organs were entrusted with the supervision of the Convention: the European Commission of Human Rights, the European Court of Human Rights and the Committee of Ministers.

The European Commission of Human Rights was competent to receive individual petitions by victims of a violation by a State party, to decide on their admissibility and to place itself at the disposal of the parties with a view to securing a friendly settlement. If no solution was reached, the European Commission drew up a report to be transmitted to the Committee of Ministers in which it stated its opinion as to whether the facts found disclosed a breach by the State concerned of its obligations under the Convention.