Challenges to Effective Regional Protection of Human Rights: A Comparison of America, Africa, and Asia

Abstract

The post-World War II era witnessed the establishment of the United Nations and the adoption of pivotal human rights instruments such as the Universal Declaration of Human Rights (UDHR) in 1948, marking a new international commitment to human rights. These efforts were paralleled by significant regional developments, including the Inter-American Declaration on the Rights and Duties of Man (1948), the European Convention on Human Rights (1950), and the African Charter on Human and Peoples’ Rights (1981). These regional frameworks enhanced the promotion and protection of human rights through context-specific instruments and mechanisms. This article provides a comprehensive analysis of regional human rights protection systems in the Americas, Africa, and Asia, highlighting their instruments, mechanisms, and challenges. It explores the role of key frameworks such as the American Convention on Human Rights, the Inter-American Commission, and the Inter-American Court of Human Rights in addressing civil, political, and socio-economic rights in the Americas. The African Charter and its enforcement through the African Commission and the African Court are examined, emphasizing their distinct focus on collective and individual rights. In contrast, Asia’s reliance on national laws and international treaties underscores the absence of a formal regional system. Despite advancements, these systems face challenges, including socio-economic instability, weak governance, political interference, and resource constraints, impeding effective human rights enforcement. The analysis underscores the need for strengthened institutional frameworks and international cooperation to address these challenges, ensuring comprehensive and accessible protection for human rights across regions.