Ten years after the establishment of the African Court of Human and Peoples’ Rights, the question arises how the Court has dealt with human rights issues so far. By analyzing the behavior of the Court in its case law, this paper shall examine the contribution of the African Court to the development of human rights in Africa and what its prospects might be.
This paper will emphasize the procedural problems that Art 34(6) of the Protocol represents concerning the access of African citizens to the Court and how the case law on this issue evidences the conflict between state sovereignty and human rights on the African continent, and the Court’s difficult position in trying to reconcile them. Furthermore, the paper will provide an overview of the case law of the Court on human rights issues. On the one hand, the Court’s decisions highlight a serious confusion among the population concerning the Court’s role, showing that the Court is often considered to be an appellate organ that deals with ordinary civil law matters. On the other hand, however, once the Court comes to decide, it is capable of taking a liberal approach concerning political rights. Based on this case law, the paper will provide some main conclusions and give an outlook on the future of the Court.
Inhaltsverzeichnis (Table of Contents)
- I. Introduction
- II. The Court with bound hands - Art 34(6) of the Protocol and other legal obstacles
- 1. Art 34(6) of the Protocol
- 2. Challenging Art 34(6) of the Protocol
- 3. Referring cases to the Commission
- 4. "The Court is a creature of its Protocol"
- III. The Court on human rights
- 1. The "Employment Contract" Court?
- 2. The African Court of Human and Peoples' Rights
- IV. Overall conclusions
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the contribution of the African Court of Human and Peoples' Rights to the development of human rights in Africa. It analyzes the Court's case law, particularly focusing on the procedural challenges presented by Art 34(6) of the Protocol and its impact on access to the Court for African citizens. The paper also investigates the Court's approach to human rights issues, highlighting its potential to take a liberal stance concerning political rights.
- The role of the African Court in promoting and protecting human rights in Africa
- The challenges to access to the African Court, particularly the limitations imposed by Art 34(6) of the Protocol
- The tension between state sovereignty and human rights in Africa
- The African Court's interpretation and application of human rights norms
- The Court's potential for developing a body of law with precedential value
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction discusses the African human rights system and its challenges, including the legacy of colonial and post-colonial history. It introduces the African Charter of Human and Peoples' Rights and its significance in promoting human rights on the continent. The chapter also outlines the limitations of the African Commission and the emergence of the African Court as a potential mechanism for stronger enforcement.
Chapter II focuses on the procedural obstacles to accessing the African Court, specifically highlighting the limitations imposed by Art 34(6) of the Protocol. This section examines the case law surrounding this provision, exploring the conflict between state sovereignty and human rights. It further discusses the implications of these legal barriers for African citizens seeking redress from the Court.
Chapter III explores the Court's approach to human rights issues, examining its case law in this area. This chapter highlights the confusion surrounding the Court's role among the population and the perception that it acts as an appellate body for ordinary civil law matters. It then analyzes the Court's ability to adopt a liberal approach to political rights when it comes to adjudicating cases.
Schlüsselwörter (Keywords)
The primary focus of this paper lies on the African Court of Human and Peoples' Rights, its role in the development of human rights in Africa, and the challenges to its effectiveness. Key themes include state sovereignty, human rights, access to justice, judicial interpretation, and the tension between national and international legal frameworks. Specific terms like Art 34(6) of the Protocol, African Charter of Human and Peoples' Rights, and the African Commission on Human and Peoples' Rights are central to understanding the legal landscape and the issues examined in this paper.
- Quote paper
- Sonja Kahl (Author), 2014, African Court of Human and Peoples' Rights. Development and procedural problems, Munich, GRIN Verlag, https://www.grin.com/document/502385
