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| Convention No. 107 | |
|---|---|
| Name | Convention No. 107 |
| Long name | Convention for the Protection of Human Rights and Fundamental Freedoms (Original Title) |
| Date signed | 1957 |
| Location signed | Geneva |
| Date effective | 1959 |
| Parties | multiple |
| Depositor | Secretary-General of the United Nations |
Convention No. 107 The treaty adopted in 1957 served as a foundational international instrument addressing rights and protections for specific populations, negotiated amid Cold War tensions involving major actors such as United Nations General Assembly, United Nations Economic and Social Council, International Labour Organization, Council of Europe, and regional bodies including Organization of American States. Delegates and legal experts from states like France, United Kingdom, Soviet Union, United States, Canada, India, Australia, Brazil, Mexico, and Argentina debated provisions influenced by precedents like the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, and instruments drafted by the League of Nations earlier in the 20th century.
Negotiations drew on jurisprudence from institutions such as the European Court of Human Rights, Inter-American Commission on Human Rights, Permanent Court of International Justice, and input from jurists affiliated with Harvard Law School, Oxford University, Sorbonne University, Yale Law School, Columbia Law School, and think tanks like the Carnegie Endowment for International Peace and Royal Institute of International Affairs. National delegations led by figures from France and United Kingdom worked alongside representatives of Sweden, Norway, Netherlands, Belgium, Italy, Spain, Portugal, Greece, Turkey, Israel, Japan, South Africa, Egypt, Pakistan, and Indonesia to reconcile divergent approaches exemplified in cases before the European Commission of Human Rights and disputes involving Nuremberg Trials precedents. The final act was signed in Geneva and proclaimed following consultations with bodies such as the International Committee of the Red Cross and the World Health Organization.
The instrument aimed to harmonize protections articulated in earlier documents like the Geneva Conventions, Helsinki Accords, Stockholm Conference (1972), and obligations under treaties administered by the International Labour Organization and Food and Agriculture Organization. It sought to define duties of states appearing in records of the International Court of Justice and to inform adjudications at tribunals including the European Court of Human Rights and ad hoc panels convened by the United Nations Security Council. Geographic reach touched regions represented in assemblies such as the Organization of African Unity, Association of Southeast Asian Nations, Gulf Cooperation Council, and Commonwealth of Nations.
Provisions reflected principles debated in forums like the United Nations Commission on Human Rights, case law involving International Committee of the Red Cross interventions, and academic commentary from scholars affiliated with Princeton University, Stanford University, University of Cambridge, and University of Chicago. Articles paralleled norms in the Convention on the Prevention and Punishment of the Crime of Genocide, Geneva Conventions, Slavery Convention, and standards used in decisions by the Inter-American Court of Human Rights and the Permanent Court of Arbitration. Specific clauses addressed obligations similar to those in instruments ratified by states such as Germany, Italy, Netherlands, Belgium, Luxembourg, Denmark, Iceland, Finland, and Austria.
Monitoring mechanisms invoked procedures resembling reporting under the International Covenant on Civil and Political Rights, review processes used by the Committee on the Elimination of Racial Discrimination, and oversight reminiscent of systems in the African Commission on Human and Peoples' Rights and the Inter-American Commission on Human Rights. Technical assistance came from organizations including the United Nations Development Programme, United Nations High Commissioner for Refugees, United Nations Children's Fund, World Bank, International Monetary Fund, and United Nations Educational, Scientific and Cultural Organization. State practices were compared with jurisprudence from courts such as the European Court of Justice and tribunals like the International Criminal Tribunal for the former Yugoslavia.
Early ratifiers included countries active in postwar diplomacy: representatives from France, United Kingdom, Belgium, Netherlands, Luxembourg, Norway, Sweden, Denmark, Iceland, Finland, Italy, Spain, Portugal, Greece, Turkey, Israel, Japan, Canada, United States, Mexico, Brazil, Argentina, Chile, Colombia, Peru, Venezuela, Ecuador, Bolivia, Paraguay, and Uruguay joined over time. Other signatories and parties ultimately included states from Africa represented by Nigeria, Ghana, Kenya, Senegal, Tunisia, Algeria, and Morocco as well as Asian members such as India, Pakistan, Bangladesh, Sri Lanka, Thailand, Malaysia, Philippines, Indonesia, and Singapore.
Scholars and practitioners from institutions like Harvard University, Yale University, Cambridge University, London School of Economics, and think tanks such as the Brookings Institution and Council on Foreign Relations evaluated effects on national legislation in France, United Kingdom, Germany, Italy, Spain, Portugal, Greece, Turkey, Israel, Japan, South Korea, Australia, and New Zealand. Critics compared outcomes with standards in the International Covenant on Civil and Political Rights, European Convention on Human Rights, American Convention on Human Rights, and decisions of the European Court of Human Rights, noting debates involving actors like Amnesty International, Human Rights Watch, Red Cross, Human Rights Commission (UN), and national ombudsmen. Contentions concerned alignment with rulings from the International Court of Justice and the practicalities observed during conflicts such as the Suez Crisis, Algerian War, and regional disputes involving Kashmir.
The treaty influenced later instruments negotiated within bodies such as the United Nations General Assembly, United Nations Economic and Social Council, Council of Europe, Organization of American States, and specialized agencies including the World Health Organization and International Labour Organization. Successor conventions and protocols, informed by experience with this instrument, include texts that intersect with the International Covenant on Civil and Political Rights, Convention on the Rights of the Child, Convention on the Elimination of All Forms of Discrimination against Women, African Charter on Human and Peoples' Rights, American Convention on Human Rights, and regional treaties administered through institutions like the European Court of Human Rights and the Inter-American Court of Human Rights.