COMPARATIVE STUDY OF THE AFRICAN AND THE EUROPEAN REGIONAL SYSTEMS FOR PROTECTION OF HUMAN RIGHTS
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COMPARATIVE STUDY OF THE AFRICAN AND THE EUROPEAN REGIONAL SYSTEMS FOR PROTECTION OF HUMAN RIGHTS
Abstract
African and European human rights systems are sometimes defined as young-ineffective and old-effective, respectively. Though there are several scholarly publications on the two systems, there are few comparative studies that attempt to unearth parallels and differences between the two systems.
Other than offering a descriptive account of the African system and categorising it as young and ineffectual, the current literatures have notably neglected to highlight lessons that might be derived from experiences with the categorically effective European system.
As a result, using the Most Similar Systems Design of the comparative approach within the general qualitative framework, descriptive and exploratory techniques, and documentary sources of information,
this study examined the similarities and differences between European and African human rights systems. The comparison was intended to extract insights from the European system’s experiences that may be applied to its African counterpart.
The European system’s experience clearly demonstrates that favourable socioeconomic and political conditions, increased participation of Non-Governmental Organisations (NGOs) and National Human Rights Institutions (NHRIs), a vibrant role of regional organisations, refined legal instruments, and well-structured and resourced regional human rights institutions are all required for a regional human rights scheme to function effectively.
As a result, improving socioeconomic and political conditions at the continental level is critical to increasing the functional efficacy of the African human rights system. Second, the involvement of NGOs and NHRIs must be strengthened. Third, the African Union (AU), like the Council of Europe (CoE) and the European Union (EU), is responsible for the African system.
Fourth, the African legal regime, which is based on the African Charter on Human and Peoples’ Rights (AChHPR), needs to be modified to account for loopholes such as claw-back clauses and ill-defined and/or ignored rights.
Finally, the mandate, composition, budget, staffing, physical infrastructure, and enforcement of the decisions of the African Commission on Human and Peoples’ Rights (ACoHPR) and the African Court on Human and Peoples’ Rights (ACtHPR) require significant reform. Overall,
the European system’s experience provides valuable insights that can be used to improve the functional efficacy of the African human rights system.
Chapter 1:
Introduction
1.1 Background of the Study.
Human rights have always been a state-preempted subject. Thus, how a state handled its own citizens and the people within its borders remained outside the scope of international law (Burgenthal, 1995: 3).
However, this changed progressively after World War II, as indicated by the adoption of the United Nations (UN) Charter and the Universal Declaration of Human Rights (UDHR).
As a result, current international human rights law1, and hence international human rights protection, is a twentieth-century development strongly identified with the adoption of the United Nations Charter in 1945.
Another significant development in human rights over the twentieth century has been the establishment of regional human rights regimes. Regional human rights systems are plans that promote and safeguard human rights within a specific geopolitical region.
Among the regional systems2, the European system is the oldest, and the Council of Europe (CoE)3 was the first regional organisation to include human rights as a fundamental premise.
In 1950, the member nations of the Council of Europe adopted the Convention for the Protection of Human Rights and Fundamental Freedoms (usually known as the European Convention, ECHRa).
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