Thesis (PhD) - Cyprus International University. Institute of Graduate Studies and Research International Relations Department

Includes bibliography (sheets 187-209)

ABSTRACT
The issue of human rights had been a domestic issue that lies within the jurisdiction of
the government of a sovereign state, especially in terms of pursuing enforcement,
implementation, and promotion activities. The event of holocaust has brought the
discourse of human rights into international politics resulting in international regimes
of human rights since the Universal Declaration of Human Rights in 1948. This study
examines the effectiveness of the elements of these regimes at the global and regional
levels. At the global level, several mechanisms such as the United Nations Declaration
of Human Rights, the Human Right Council, and the Treaty bodies have been
examined. The challenge of these global mechanisms is the limitation in international
proximity for implementation and enforcement. Only the gross level of human rights
violations gains the attention of the global international human rights regime as this
has been the precedent since the development of the regime in 1948. At the regional
level, European and African human rights regimes were compared using two
approaches; 1) This study implemented an institutional-based approach by examining
the overlapping role of the Court of Justice and the Human rights Court; European
Court of Justice and the European Court of Human Rights on one side and the African
Court of Justice and African Court of Human Rights. 2) Secondly, a new
methodological approach -fuzzy-set qualitative comparative mechanism- was applied
to examine the condition for the effectiveness of human rights mechanisms in 76 cases
composed of European Union and African Union countries. The outcome shows the
ratification of treaties, development of national human rights institutions, and a
growing GDP per capita in the absence of rule of law improve the protection of human
rights in Europe. The low GDP per capita and absence of rule of law significantly
weaken human rights protection in Africa while rule of law and institution is necessary
to me implemented in African countries. The analysis reveals that the establishment of
human rights institutions is essential to protect human rights in Europe, as a
complement to the role of the courts as a legal institution. In conclusion, institutions
are crucial in international human rights regimes, however, this proves more effective
at the regional level.
Keywords: Africa, Europe, Human Rights Courts, Human Rights, International
Regimes, National Human Rights Institutions, Regional Regimes,