Human rights

International protection mechanisms

In general there are three types of international protection mechanisms, of which only a few are directly accessible for citizens:

• 

  Source

  complaints

  Probably the most easily accessible mechanism to defend rights for ordinary citizens is complaints. Balli Marzecova, just as you, would have a chance to complain on a human rights violation by the state at a relevant body to perform semi-judicial procedure. These complaints can be given at both, national and international level.

  At the national level, you can complain in the office of ombudsman – a public defender of rights, who is an impendent body protecting your rights in proceedings in front of public administration bodies and other public bodies if activities, decision making or inactivity of the bodies are inconsistent with legal order. In cases laid down by a law, the public defender of rights can participate in calling the persons acting in public bodies to responsibility, if the persons have violated fundamental right or freedom of natural persons and legal entities. All public power bodies shall provide the public defender of rights with needed co-action.

  If the national level is not enough, you can still apply to the international level. Even though it would bring a decision that is not legally binding, it still has some power and can contribute to solution of the case. What you have to have in mind is that you can complain only in those cases, which are included in the instruments your country is committed to. Slovakia has accepted all the relevant instruments. The list of them can be found in library as well as examples of bodies whom you can address your complaint to, including the UN Human Rights Committee or the Committee on the Elimination of Racial Discrimination.

  More information

  UN Human Rights Committee
  Committee on the elimination of Racial Discrimination
  Public defender of rights

• court cases

  The next level of nation states binding human rights protection mechanisms are international courts. They are available only after the case was properly considered by the national level courts, where you should always start when trying to get your rights. For members of the Council of Europe there is one general judicial instance which considers human rights violations - the European Court of Human Rights in Strasbourg in France.

  It is one of the organs of the Council of Europe (not the EU) and it deals with human rights cases presented by individuals, groups of individuals, NGOs, or states, against states. It is based on the European Convention for the Protection of Human Rights and Fundamental Freedoms. Its verdicts are legally binding for the countries which ratified the Convention. Its verdicts are binding for 47 members of Council of Europe, including Russia, Caucasus countries and Ukraine (but not Belarus).

  Some landmark cases

  Right to fair trial: Salduz v. Turkey (27 November 2008)

  The applicant complained of having been denied access to a lawyer while in custody and not having been notified of the final submissions of the Principal Public Prosecutor at the Court of Cassation. The Court found a violation of Article 6 (right to a fair trial), stressing that access to a lawyer should normally be granted as from the first interrogation of a suspect by the police in order for the right to a fair trial to remain sufficiently “practical and effective”.

  Freedom of expression: Sunday Times v. United Kingdom (no. 1) (26 April 1979)

  The case concerned the injunction served on the Sunday Times restraining publication of news about the pending civil proceedings brought by parents of children born with severe deformities through the taking of thalidomide by women during pregnancy. The Court found a violation of Article 10 (freedom of expression); this is the first judgment concerning freedom of expression and information via the press.

  Sources

  http://human-rights-convention.org/the-main-judgments/

  Those who would like to apply, have to follow the instructions at the website of the Council of Europe, at the section "Applicants" pages. There you will find Instructions in all member country languages. In case of need there are still NGOs and other organisations or institutions, which would help you to apply properly. However, the most important is to try to go through national level of courts at first.

  Besides the court in Strasbourg, specific cases can be considered also at the International Court of Justice in the Hague in the Netherlands. It was founded specifically to consider cases connected with crimes against humanity, war crimes and genocide. For example, Yugoslavian ex-president,Slobodan Miloshevitch, was tried there for genocide of Kosovian Albanians.

  More information

  Europen Court of Human Rights
  International Court of Justice

• reporting procedures

  There are generally two types of reports provided. Official reports done by states themselves, which, however do not have to prove to be satisfactorily critical or real. Therefore there are also “shadow” reports done by representatives of civil society, various non-governmental organisation, think-tanks or civil associations.

  Among concrete instruments, which require regular reporting are for example the Committee of the Rights of the Child based on the UN Convention on the Rights of the Child or the Committee on the Elimination of Discrimination against Women based on the UN Convention on the Elimination of All Forms of Discrimination against Women and others. Once reports are submitted, action can be taken afterwards by relevant bodies.