Seeking Redress for Violations of the Rights of Human Rights Lawyers Before the African Commission on Human and Peoples’ Rights

Newsletter of the Special Rapporteur on Human Rights Defenders (African Commission on Human and People's Rights), 8th Ed., 10-14 (April 2013)

9 Pages Posted: 30 Aug 2015

See all articles by Matthew Kane

Matthew Kane

University of Oklahoma - College of Law

Date Written: February 28, 2013

Abstract

Lawyers, as a result of their education, occupation and profile, often find themselves targeted by government actors for attempting to ensure clients are afforded their basic human rights, insisting a government comport with its own laws, or simply carrying out basic legal tasks. Bringing a claim before the Commission is not the answer for every situation. There must be a substantive violation of a right guaranteed by the Charter and local remedies must be exhausted, among other requirements. And the process can take a very long time. But, in some cases, it may be the best option for a lawyer, who, in defending others or attempting to advance human rights, has found his or her own rights violated. A well drafted communication (and subsequently submitted materials), cognizant of Commission rules and jurisprudence, could result in a recommendation from the Commission that facilitates the recognition of the lawyer’s rights when the state has previously refused to do so.

JEL Classification: K14, K33

Suggested Citation

Kane, Matthew, Seeking Redress for Violations of the Rights of Human Rights Lawyers Before the African Commission on Human and Peoples’ Rights (February 28, 2013). Newsletter of the Special Rapporteur on Human Rights Defenders (African Commission on Human and People's Rights), 8th Ed., 10-14 (April 2013). Available at SSRN: https://ssrn.com/abstract=2652780

Matthew Kane (Contact Author)

University of Oklahoma - College of Law ( email )

300 Timberdell Road
Norman, OK 73019
United States

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