Regional Mechanisms and Economic and Social Rights
 

Authors:

D Chirwa and D Oriakhogba
 

Summary:

The importance of regional human rights systems is taken for granted today, but this has not always been the case. The idea of regional systems for the protection of human rights was met with suspicion and apprehension before the United Nations was established and in its early years of existence, due largely to the fear that such systems would detract from the universality of human rights. Focusing on
the three main regional human rights systems—Inter-American, African, and European—this article explores the ways in which regional human rights systems have strengthened and enriched the protection of economic, social, and cultural rights (ESC) rights. In doing so, the article rebuts the assumption made by those opposed to regional systems who argued that such systems would institutionalise relativity and hence dilution of human rights. There is now ample evidence, discussed in this article, showing that regional systems provide an important space for mediating the multidirectional influence of human rights norms as we strive to make human rights meaningful and realisable in different social contexts. With respect to ESC rights, regional systems have evolved and tested various models of protecting these rights, accentuated certain aspects of these rights, developed various standards of measuring compliance or of judicially enforcing these rights, and expanded or improved the robustness of the enforcement mechanisms. Acknowledging this contribution does not mean that regional systems are perfect.

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