UNDERSTANDING AND OVERCOMING CHALLENGES IN ACCESSING THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS

This contribution examines access to the African Court on Human and Peoples’ Rights in the first decade of its operation. Compared with other regional human rights Courts over the corresponding period, the African Court has decided more contentious cases. Direct access accounts for this difference....

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Bibliographic Details
Published in:The International and comparative law quarterly 2018-01, Vol.67 (1), p.63-98
Main Author: Viljoen, Frans
Format: Article
Language:English
Subjects:
Acceptance
Access
Amicus curiae
Charters
Child welfare
CHILDRENS RIGHTS
Complaints
COURTS
HUMAN RIGHTS
Human rights advocacy
International Court of Justice
INTERNATIONAL LAW
JURISDICTION
NGOs
Nongovernmental organizations
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Summary:This contribution examines access to the African Court on Human and Peoples’ Rights in the first decade of its operation. Compared with other regional human rights Courts over the corresponding period, the African Court has decided more contentious cases. Direct access accounts for this difference. Acceptance by States of optional direct access is a necessary but insufficient condition for actual access. The reasons for the Commission's reluctance to refer cases, which hampered indirect access to the Court, are investigated. Although the Court's advisory jurisdiction has found limited application, it has welcomed amici curiae and showed some acceptance of the role of original complainants before the Court.
ISSN:0020-5893
1471-6895
DOI:10.1017/S0020589317000513