Note on Euripides

Viljoen, H.G.

doi:10.1017/s0009838800012465

Cited by 3 publications

(8 citation statements)

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“…As argued by Viljoen, one of the fundamental consequences of the complementarity between the African Court and the African Commission is that the Court can 'overrule' the Commission. 41 What happens if the Commission or a sub-regional court decides to deviate from the interpretation of the African Charter by the African Court? The lack of clarity on the hierarchy of competing interpretive competences of regional and sub-regional tribunal is one challenge that has implications for the harmonious relationships of African HRTs in the future.…”

Section: A Poor Coordinationmentioning

confidence: 99%

“…45 As Viljoen has argued, this suggestion is premature. 46 As of 25 March 2022, only 33 out of 54 AU member states have ratified the Protocol setting up the African Court, and only ten states have made the Article 34 (6) declaration which allows individual access to the Court, and four of these ten states have withdrawn their Special Declarations. 47 As a result, the protective mandate of the African Commission is the only complaint mechanisms available under the African Charter for individuals in the states that are yet to ratify the Court's Protocol.…”

Section: B Jurisdictional Overlapsmentioning

confidence: 99%

“…12 However, as Viljoen argues, 'it is better to have a weak system in place than nothing at all'. 13 This article focuses on the regional human rights tribunals in Africa. Africa currently has three main bodies that perform primarily the function of adjudicating human rights complaints at the continental level, namely: the African Commission on Human and Peoples' Rights (African Commission), the African Court on Human and Peoples' Rights (African Court) and the African Committee of Experts on the Rights and Welfare of the Child (African Children's Rights Committee).…”

Section: Introductionmentioning

confidence: 99%

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Implementation of the Decisions and Judgments of African Regional Human Rights Tribunals: Reflections on the Barriers to State Compliance and the Lessons Learnt

Ayeni

2022

African J Intl & Comparative Law

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There are three main regional human rights tribunals (HRTs) in Africa, namely the African Commission, the African Court and the African Committee of Experts on the Rights and Welfare of the Child. In addition to these, there are political bodies within the African Union responsible for implementing human rights mandates as well as several sub-regional courts established for the primary purpose of adjudicating trade disputes and facilitating political integration which have issued notable human rights decisions and judgments. Accordingly, Africa is not lacking in human rights jurisprudence. What is lacking, however, is genuine commitment on the part of state actors to implement the decisions and judgments of the various human rights bodies. This article examines the factors responsible for slowing down the pace and rate of state compliance in Africa. It argues, among other things, that compliance with HRTs' decisions in Africa has been limited due to poor supervision mechanisms, weak domestic infrastructures, weak state institutions caused by 'strong men syndrome' and poor observance of the rule of law, poor institutional designs of regional and sub-regional HRTs, lack of awareness and erroneous perceptions about international human rights system, ineffective follow-up as well as a poor system of governance in many states in Africa among other factors. The article notes that attitudinal barriers and erroneous perceptions about international human rights system are central to the various barriers and thus adequate attention should be given to changing negative attitudes and perceptions among states actors and members of the public in the various African states.

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Section: A Poor Coordinationmentioning

confidence: 99%

Section: B Jurisdictional Overlapsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Implementation of the Decisions and Judgments of African Regional Human Rights Tribunals: Reflections on the Barriers to State Compliance and the Lessons Learnt

Ayeni

2022

African J Intl & Comparative Law

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“…118 For example, of the 844 finalized communications as of January 1999, only 248, or about 29 percent, were declared inadmissible. 119 Nevertheless, no statistics are readily available on how many of the cases were inadmissible owing to the nonexhaustion of local remedies.…”

Section: Local Remedies In Admissibility Proceedingsmentioning

confidence: 99%

So Far, So Fair: The Local Remedies Rule in the Jurisprudence of the African Commission on Human and Peoples' Rights

Udombana¹

2003

Am. j. int. law

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Pending the establishment of the African Court on Human and Peoples' Rights, the African Commission on Human and Peoples' Rights remains the only institutional body for the implementation of the rights guaranteed in the African Charter on Human and Peoples' Rights. The Assembly of Heads of State and Government of the Organization of African Unity (OAU), reconstituted as the African Union (AU), established the Commission in 1987, after the entry into force of the African Charter, in 1986, and pursuant to its Article 64 (1). The Commission was established, inter alia, “to promote human and peoples' rights and ensure their protection in Africa.” That is, besides “any other tasks which may be entrusted to it” by the Assembly, the Commission performs three primary functions: it promotes and protects human and peoples' rights and interprets the provisions of the Charter.

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“…and its institutions (African Commission on Human and Peoples' rights, African Court on Human and Peoples' rights, African Committee of Experts on the rights and Welfare of the Child), has been used as the basis for this process. Its norms ensure "greater normative legitimacy by addressing the specific real-life concerns of Africans and African cultural conceptions of human rights", 11 and its institutions, specifically the African Commission, have shown themselves to be relatively effective in protecting human rights. 12 Although Article 17(1) of the Banjul Charter provides only rather succinctly that "[e]very individual shall have the right to education", this right has been elaborated on by Article 11 of the African Children's rights Charter.…”

mentioning

confidence: 99%

Education Law, Strategic Policy and Sustainable Development in Africa

Onuora-Oguno¹,

Egbewole²,

Kleven³

2018

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of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

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Note on Euripides

Cited by 3 publications

References 0 publications

Implementation of the Decisions and Judgments of African Regional Human Rights Tribunals: Reflections on the Barriers to State Compliance and the Lessons Learnt

Implementation of the Decisions and Judgments of African Regional Human Rights Tribunals: Reflections on the Barriers to State Compliance and the Lessons Learnt

So Far, So Fair: The Local Remedies Rule in the Jurisprudence of the African Commission on Human and Peoples' Rights

Education Law, Strategic Policy and Sustainable Development in Africa

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