Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions The benefits of establishing a regional human rights mechanism include the potential to: • narrow the gap between international and national human rights standards • establish cooperation among countries with diverse human rights policies and practices • impose mandatory obligations on member States • provide a mechanism for monitoring compliance of States’ human rights obligations. Protection and promotion of migrant workers’ rights at the regional level can either involve “soft law”, which includes voluntary commitments and declarations, or legally binding instruments. There are currently five regional human rights mechanisms with varying mandates. Region Main human rights mechanism Year established Main charter Africa African Commission on Peoples and Human Rights 1987 African Charter on Human and Peoples’ Rights (1981) African Court on Human and Peoples’ Rights 1998 Inter American Commission on Human Rights 1959 Americas American Declaration of the Rights and Duties of Man (1948) Charter of the Organization of American States (1951) American Convention on Human Rights (1969) Inter American Court of Human Rights 1979 American Convention on Human Rights (1969) Arab States Arab Human Rights Committee 2009 Arab Charter on Human Rights (2004) Europe European Court of Human Rights 1959 European Convention for the Protection and Promotion of Human Rights and Fundamental Freedoms (1950) European Committee of Social Rights 2001 European Social Charter (1961) ASEAN Intergovernmental Commission on Human Rights 2009 South East Asia Charter of Fundamental Rights of the European Union (2000) ASEAN Charter (2007) 2.1. The European human rights system The European human rights system is the oldest and the most comprehensive regional human rights system.126 Europe’s principal human rights mechanisms operate through the Council of Europe (COE) to implement the European Convention for the Protection and Promotion of Human Rights and Fundamental Freedoms (the European Convention), 1950 and the European Social Charter, 1961. 126 “‘A tongue but no teeth?’: The emergence of a regional human rights mechanism in the Asia Pacific region”; Andrea Durbach, Catherine Renshaw and Andrew Byrnes; Sydney Law Review; Vol. 31; pp. 211-238. 54 | Chapter 5: Regional mechanisms for the promotion and protection of the rights of migrant workers

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