The Constitutive Act of the African Union, African Courts and the Protection of Human Rights: New Dispensation?
Santa Clara Journal of International Law, Volume 11, 2013
38 Pages Posted: 28 Aug 2017
Date Written: August 25, 2017
This Article argues that on the whole, despite some notable achievements, the African human rights system remains inadequately equipped—from normative and procedural standpoints—to more effectively protect human rights, and that a number of radical, far-reaching reforms or amendments are imperative in order to present a more consistent, effective and comprehensive human rights protection regime. These reforms include, but are not limited to, the elimination of the requirement that states submit a separate declaration that allows individuals and non-governmental organizations (NGOs) access to the African courts, better financing of the African courts, expansion of the jurisdiction of an expanded African court, and amendments to the African Charter to provide for a better normative framework. Unless the African Union undertakes such radical changes, it will continue to engage in mere human rights rhetoric, which cannot constitute a genuinely new human rights dispensation or metamorphosis.
Keywords: African Court of Human and Peoples' Rights, African Commission on Human and People's Rights, Africa, Constitutive Act of the African Union
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