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Periodical article | Leiden University catalogue | WorldCat |
Title: | Assessing regional approaches to the protection of human rights: the case of the stillborn African Court on Human and Peoples' Rights |
Author: | Kanyeihamba, G.W. |
Year: | 2009 |
Periodical: | East African Journal of Peace and Human Rights (ISSN 1021-8858) |
Volume: | 15 |
Issue: | 2 |
Pages: | 278-295 |
Language: | English |
Geographic term: | Africa |
Subjects: | African Court on Human and Peoples' Rights human rights |
Abstract: | This paper argues that as presently structured, facilitated and mistrusted, the African Court on Human and Peoples' Rights is ill-suited for the tasks it was envisaged to perform, as reflected both in the Protocol and Statute establishing the institution. The Protocol establishing the Court failed to put in place a mechanism to ensure that the judges measured up to the qualifications and practical, professional and judicial wisdom demanded of a continental Court on Human and Peoples' Rights. Worse still, Article 2 of the Protocol assigns the African Court a subordinate role to the African Commission on Human and Peoples' Rights, whose membership is largely non-judicial and whose role is mainly advisory to the organs of the African Union and its member States. Notes, ref., sum. [Journal abstract] |