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Periodical article | Leiden University catalogue | WorldCat |
Title: | A Comparison between the African and European Courts of Human Rights |
Author: | Murray, Rachel |
Year: | 2002 |
Periodical: | African Human Rights Law Journal |
Volume: | 2 |
Issue: | 2 |
Pages: | 195-222 |
Language: | English |
Geographic term: | Africa |
Subjects: | human rights African Court on Human and Peoples' Rights Law, Human Rights and Violence |
Abstract: | In this comparison between the African and European Courts of Human Rights, a number of issues which have been, or will be, of significance in the African context and which the European system has already experienced is touched upon. While the African Charter on Human and Peoples' Rights provides for a single body, the African Commission on Human and Peoples' Rights, to enforce the rights in the instrument, a Court having only recently been established, the European Convention on Human Rights originally created a European Commission and a European Court of Human Rights. The author first examines when cases will be dealt with by the African Commission and the African Court and what the relationship between them will be. Next, she pays attention to the relationship between the Court and other bodies within the OAU and the African Union; the Court's relationship with national systems; issues of standing and access; remedies and enforcement; and the wider role of a regional human rights court. The author concludes that, at this stage of development, it would be dangerous to look at the African Court in isolation. As the European system has shown, the Court must be viewed within the context of its relationship with the African Commission, in particular. Notes, ref. [ASC Leiden abstract] |