The African System of Protection of Human Rights: A Laboratory for Universal Human Rights? Analysis of the External References in the Case-Law of the African Commission on Human and Peoples' Rights

15 Pages Posted: 4 Dec 2011

See all articles by Hélène Tigroudja

Hélène Tigroudja

Aix-Marseille University; Université Libre de Bruxelles (ULB) - Perelman Center for Legal Philosophy

Date Written: July 1, 2011

Abstract

The article aims at analyzing the new line followed by the African Commission when dealing with individual petitions and especially, the constant use of European, Universal or Inter-American cases in order to interpret the African Charter. From 2001, the African Commission began to quote and use external references - as authorized by Art. 60 & 61 of the African Charter and the consequences are that the case-law of the African Organ is far better and convincing than before. The conclusion that could be drawn from this material is that the African Commission can be perceived as a universal organ of protection of human rights, rather than a regional one.

Keywords: African Charter on Human and Peoples' Rights, European Convention on Human Rights, American Convention on Human Rights, Methods of interpretation, International Humanitarian Law

Suggested Citation

Tigroudja, Hélène, The African System of Protection of Human Rights: A Laboratory for Universal Human Rights? Analysis of the External References in the Case-Law of the African Commission on Human and Peoples' Rights (July 1, 2011). Available at SSRN: https://ssrn.com/abstract=1968128 or http://dx.doi.org/10.2139/ssrn.1968128

Hélène Tigroudja (Contact Author)

Aix-Marseille University ( email )

3 Avenue Robert Schuman
3 Avenue Robert Schuman,
Aix-en-Provence, 13628
France

Université Libre de Bruxelles (ULB) - Perelman Center for Legal Philosophy ( email )

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Brussels, Brussels 1050
Belgium

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