Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-cfpbc Total loading time: 0 Render date: 2024-04-19T10:22:43.452Z Has data issue: false hasContentIssue false

The African Court on Human and Peoples’ Rights: A Uniquely Equipped Testbed for (the Limits of) Human Rights Integration?

from PART I - PROMISES AND CHALLENGES OF AN INTEGRATED APPROACH TO HUMAN RIGHTS

Published online by Cambridge University Press:  31 January 2019

Adamantia Rachovitsa
Affiliation:
Assistant Professor of Public International Law at the University of Groningen, the Netherlands
Get access

Summary

International human rights law is embedded within international law that is fragmented by design. At the same time, human rights law itself forms a fragmented universe, on account of both its multilevel architecture and governance – comprising universal, regional and subregional levels of protection – and the (over-)specialisation of the field. Against this background, human rights integration is seen as a means to mitigate certain challenges associated with this fragmentation. Human rights integration may also be an opportunity to restore focus on the user(s) of the human rights system and on the arguments that can be employed with the aim of framing an individual's claim and calling for the highest possible level of protection across diff erent regimes and specialities.

Within the confines of positive law, human rights integration can be pursued on three different levels/stages: first, when States drafta human rights treaty; second, when an international court or other international body interprets that treaty; and third, when the treaty is applied. Human rights integration is, accordingly, constrained by the limitations attached to these three different tasks. In this regard, this chapter argues that the African Court on Human and Peoples ‘ Rights (ACtHPR) is uniquely situated to pursue human rights integration. This is due to three distinctive features pertaining to the African Charter on Human and Peoples ’ Rights (ACHPR)and the ACtHPR's mandate. First, the indivisibility, interdependence and inter-relation of human rights are not merely underlying principles and postulates, but are specifically entrenched in the text of the ACHPR; the ACHPR provides civil and political rights alongside economic, social and cultural rights and peoples ’ rights. Second, the ACtHPR enjoys the jurisdiction to interpret and apply not only the ACHPR but also any other relevant human rights instrument ratified by the State(s) concerned. Hence, the ACtHPR enjoys a considerably broader mandate ratione materiae vis- a -vis other international human rights courts. Third, the ACtHPR is specifically directed by Articles 60 and 61 of the ACHPR to draw inspiration from other international instruments when interpreting the rights envisaged in the ACHPR.

This chapter discusses two out of these three distinctive features in connection with human rights integration. The analysis on the ACtHPR's jurisdiction merits separate discussion and it will not be covered in this chapter.

Type
Chapter
Information
Human Rights Tectonics
Global Dynamics of Integration and Fragmentation
, pp. 69 - 88
Publisher: Intersentia
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×