5 - Regional application of human rights norms

Summary

The world may be a smaller place in the light of improving communication and travel technology, but it is still a large planet when it comes to effective international governance. Given the approximately 6 billion persons and the 190 states or so that existed at the turn of the twentyfirst century, and given the weakness of global organizations like the United Nations, it was both logical and sometimes politically feasible to look to regional organizations for the advancement of human rights. This chapter will show that regional developments for human rights have been truly remarkable in Europe, decidedly ambiguous in the Western Hemisphere, embryonic in Africa, and otherwise weak. The key to the effective regional protection of human rights is not legal drafting, but underlying political culture, political will, and political acumen. In Europe where there are considerable cases and other regional human rights decisions to analyze, I provide a summary analysis. In the Western Hemisphere in the absence of substantial case law and other important regional decisions, I provide mostly political analysis of underlying conditions. I treat Africa briefly because of lack of impact through regional arrangements.

Europe

After World War II, significant US foreign aid to Europe in the form of the Marshall Plan encouraged regional cooperation, especially of an economic nature. Most West European elites endorsed this approach at least to some degree, both in pursuit of economic recovery and to defend traditional western values in the face of Soviet-led communism. The result was the creation of the European Communities, now partially eclipsed by the European Union (EU), and the Council of Europe (CE).