The Role of International Law in Human Rights Litigation in Africa
JUDICIAL PROTECTION OF HUMAN RIGHTS IN BOTSWANA: EMERGING ISSUES DUBLIN, E.K. Quansah & W. Binchy eds., Clarus Press, 2009
21 Pages Posted: 25 Jul 2009
Date Written: July 1, 2008
To determine the content of human rights norms in national constitutions, international law - in the form of treaties, declarations and case law from international monitoring bodies, and comparative case law from other countries - is often discussed in the judgments of domestic courts.
This paper explores the extent to which international law has influenced domestic human rights case law in Africa. The paper first explores how the human rights provisions of African constitutions came into being before turning to the role played by international law in the constitutional order of various African states and how treaties, declarations and findings of international monitoring bodies have been used in African countries to interpret and expand on constitutional human rights provisions.
Keywords: human rights, international law, africa
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