It goes without saying that the African continent has been characterized by massive human rights violations. Several reports by reputable human rights organizations have on numerous occasions documented the widespread violations of human rights throughout the continent, referring to a myriad of incidents that amount to war crimes, crimes against humanity and all manner of violence being meted against women, children and minority groups. It has also been argued quite often that the gross violations of human rights on the continent could be attributed to the shortcomings in the regional regime for the protection of human rights. It is against this backdrop that this essay seeks to look into the strengths and weaknesses of the African Human Rights System and the prevailing challenges in dealing with the massive human rights violations on the continent. The essay argues that while Africa has a relatively robust framework for promotion and protection of human rights, there are certain fundamental flaws in the system that have resulted in the increasing violations of human rights on the continent. The essay will begin with an elaborate overview of the African regional human rights system established under the auspices of the African Charter on Human and People’s Rights (ACHPR) in order to bring out the strengths and weaknesses manifest in the system. In due course, the essay will culminate in a discussion on the main challenges in dealing with serious human rights violations on the continent, which stem from the functional and institutional weaknesses of the system.
Inhaltsverzeichnis (Table of Contents)
- INTRODUCTION
- STATE OF HUMAN RIGHTS PROTECTION IN AFRICA
- OVERVIEW OF THE AFRICAN HUMAN RIGHTS SYSTEM
- LEGAL FRAMEWORK OF HUMAN RIGHTS PROTECTION
- African Charter on Human and People's Rights
- Protocol to the African Charter on the Establishment of the African Court on Human and Peoples' Rights
- INSTITUTIONAL FRAMEWORK OF HUMAN RIGHTS PROTECTION
- African Union
- African Commission on Human and People's Rights
- African Court of Human and People's Rights
- ADDITIONAL FRAMEWORK OF HUMAN RIGHTS PROTECTION
- Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa
- African Charter on the Rights and Welfare of the Child
- LEGAL FRAMEWORK OF HUMAN RIGHTS PROTECTION
- ASSESSMENT OF THE AFRICAN HUMAN RIGHTS SYSTEM
- STRENGTHS OF THE AFRICAN HUMAN RIGHTS SYSTEM
- Integrative Human Rights Approach
- Obligations on the State and the Individual
- Rights of People
- WEAKNESSES OF THE AFRICAN HUMAN RIGHTS SYSTEM
- Normative Weakness of the African Charter on Human and Peoples' Rights
- Institutional Weakness of the African Commission on Human and People's Rights
- Functional Weakness of the African Court of Human and People's Rights
- STRENGTHS OF THE AFRICAN HUMAN RIGHTS SYSTEM
- SUGGESTIONS FOR REFORMS TO AFRICAN HUMAN RIGHTS SYSTEM
- AMENDMENT OF THE AFRICAN CHARTER ON HUMAN AND PEOPLE'S RIGHTS
- DIRECT ACCESS TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLE'S RIGHTS AND THE AFRICAN COURT ON HUMAN AND PEOPLE'S RIGHTS
- REFERRAL OF MASSIVE HUMAN RIGHTS VIOLATIONS TO THE AFRICAN COURT OF HUMAN AND PEOPLE'S RIGHTS
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay examines the strengths and weaknesses of the African Human Rights System in dealing with massive human rights violations. It aims to assess the effectiveness of the system in protecting human rights on the continent and identify key challenges hindering its success.
- The state of human rights protection in Africa.
- The legal and institutional frameworks established to protect human rights in Africa.
- The strengths and weaknesses of the African Human Rights System.
- The challenges in dealing with serious human rights violations on the continent.
- Suggestions for reforms to strengthen the African Human Rights System.
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction sets the stage for the discussion by highlighting the prevalence of human rights violations in Africa and the need to assess the effectiveness of the regional human rights framework. Chapter 2 provides a comprehensive overview of the African Human Rights System, exploring its legal and institutional frameworks. It delves into the key instruments, bodies, and mechanisms established to promote and protect human rights on the continent. Chapter 3 delves into an assessment of the African Human Rights System, evaluating its strengths and weaknesses. It explores the integrative human rights approach adopted by the system, the obligations imposed on states and individuals, and the rights granted to people. Chapter 4 focuses on the challenges faced by the African Human Rights System in addressing human rights violations. It examines the normative, institutional, and functional weaknesses that hinder its effectiveness. Chapter 5 proposes concrete suggestions for reforms to the African Human Rights System, aiming to enhance its capacity to protect human rights and address violations effectively.
Schlüsselwörter (Keywords)
This essay focuses on human rights violations, the African Human Rights System, the African Charter on Human and People's Rights, the African Commission on Human and People's Rights, the African Court on Human and People's Rights, and the challenges and opportunities for reform.
- Quote paper
- Brian Khisa (Author), 2021, An Assessment of the Strengths and Weaknesses of the African Human Rights System in dealing with massive Human Rights Violations, Munich, GRIN Verlag, https://www.grin.com/document/1418815
