Unite for Rights Blog

Once a case invoking IBOR guarantees has been brought and admitted at either Domestic or Regional Courts, or the International Court, oral argument shall be the norm and a transcript available to the public shall be made. The public and the media may attend. Regional Courts shall establish their own hearing procedures, but Chambers must be subject to review by three quarters of the Regional Court, randomly selected, if a majority votes to review the decision of a Chamber. Chambers of fifteen judges will hear cases before the International Court, fourteen of them randomly selected, along with the judge from the country in which the case arises. A Chamber’s decision may be reviewed by the full Court if a majority of the judges on the Court agrees to review it.

No claim for a violation of rights may be brought before the International Court of Human Rights until the claim has first been brought in the Domestic Courts of the country in which the claim arose, including an appeal to the highest Domestic Appellate Court, as well as any Regional Court. A case may originate at the Regional Court if there is a showing of strong and convincing evidence that redress from the Domestic Court is untimely or impracticable.

 

IBOR establishes a minimum standard to which all people are entitled and is superior to any conflicting law. Any country may enact a law or interpret its own Constitution to provide for rights greater than those IBOR guarantees.

The rights in IBOR are enforceable in the Courts of all countries, Regional Courts, and the International Court of Human Rights.

The judges’ terms for the International Court of Human Rights and the Regional Courts shall be 6 years. Judges may serve up to three terms. Each judge shall have four law clerks, selected by the judge, with at least two of the four coming from countries other than the country that nominated the judge.

 

An International Court of Human Rights shall be created and begin hearing cases when 50 countries have ratified IBOR without reservations. The Court shall include one judge from each country that ratifies IBOR. Regional Courts, subject to review by the International Court, and including one judge from each country in the region, shall also be organized through the continued operation of existing Regional Courts and the creation of new ones.