Comparative Study On Regional Protection Mechanisms Of Minority Rights Between Europe, America And Africa

Study of minority rights of domestic and oversea in general begin with theory of human rights, which contains the concept of human rights research, nature, detail, protection mechanism and systems. Then come to define the rights of minorities, the nature and details. From international protection of human rights to regional human rights protection, then from this to minority rights protection. The focus of the study can be divided into two parts:one is the human rights protection of global and regional under international law, the second is in regional perspective, the protection of their minority rights. Comparative analysis of the regional area of protection of minority rights is less. The rights of minorities mechanism between Europe, America and Africa are very representative, which helpful for protection of minority rights in the world. Europe is the first region to establish the Convention for the protect of Human Rights after the United Nations publish the "Universal Declaration of Human Rights", followed by the first regional human rights protection agencies-the Human Rights Commission. After a short period of30years, the Americas and Africa, have established their own human rights protection agencies. In order to protect the human rights and ethnic rights well, then established the regional human rights courts, making the legalization of human rights protection mechanisms are more mature. In this context, the protection of minority rights is growing. In the world, the multi-ethnic region have the same characteristics on how to protect minority interests worthy of our country to explore under the principle of equality and non-discrimination. As the historical traditions, political, economic, cultural, religious of countries of the same region are so closer, the standards of human rights more consistent in the area, the subjects which protect are more specifically, so to establishment of a series of regional protection mechanisms are more urgent. Sovereign nations within the region should be in accordance with the Constitution and the law to all citizens regardless of race, language, religion, equal access to and participation in the rights, and establish appropriate protection mechanisms to ensure the realization of minority rights. This not only reflects the respect for human rights, but also important issues to maintain a country’s development and cultural diversity.The main contents of this paper can be divided into three parts:The first part is an overview of minority rights protection in Europe, America and Africa; the second part is a relatively minority rights mechanisms among Europe, America and Africa; and the third part is the demonstration effect of the minority rights protection mechanisms among Europe, America and Africa. The second part is the focal point of the article, focuses on five aspects of minority rights protection mechanisms among Europe, America and Africa. They are:the development of mechanisms for the protection of minority rights; the protection of minority rights regional conventions; institutional settings; systems; and the specific case of protection of minority rights. The development of the three regions of Europe, America and Africa are different, but have their similarities, can be divided into three stages. The initial stage, awareness of each member of the region about the human rights protection is still relatively weak, the effectiveness of the regional human rights protection is still in a wait state. The scope of regional conventions on human rights protected is not uniform, some member states still controversial in protecting the rights of content. Regional human The body functions at this stage the emphasis on judicial nature. With the increasing number of member states, continue to resolve the complaint, the transitional phase, the effectiveness of regional human rights protection are significantly. Confidence in the member states of the region to enhance the protection of human rights, regional human rights institutions and systems are gradually establish the basic shape. At the advanced stage, and the responsibilities of various agencies to establish more clarity, more perfect functions. In the regional protection mechanisms have been mature while the establishment of Human Rights Commission, the Human Rights Court and other institutions that implement the national reporting system, individual complaint system and the state sued system. Different cases that occurred in the region, combining the characteristics of each region, case-specific analysis, ways and means of processing are also different. But the three regions to protect the rights of minorities is consistent with the purpose is protect their civil and political rights, economic, cultural and social rights as well as the enjoyment of the right to a safe environment and development and so on. Mechanisms for the protection of minority rights among the three regions to the worldwide protection of universal human rights and minority rights are important breakthroughs and enlightenment, is an effective way to achieve worldwide protection of minority rights. Their formation, establishment and development provide a reference for the protection of minority rights in other regions.