A comparison between the African and European Courts of Human Rights

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Abstract

When comparing the African Court on Human and Peoples' Rights with the European Court of Human Rights, I am wary of giving the impression that the European model is the one that should be followed. The two courts emanate from different histories and have to deal with different issues and problems.

This paper does not provide an article-by-article comparison between the Protocol Establishing the African Court and the European Convention on Human Rights (European Convention), but touches upon a number of issues which have been, or will be, of significance in the African context and which the European system has already experienced. So, for example, just as it has been said that adequate funding, the need for rights to be grounded in domestic systems, and the status and quality of judges joining the Court are issues that the European system has to bear in mind to ensure its future success, [1] the same can be said to apply to the African system.
Translated title of the contributionThe African Court on Human and People's Rights: Comparisons with the European System
Original languageEnglish
Pages (from-to)195-222
Number of pages28
JournalAfrican Human Rights Law Journal
Volume2
Issue number2
Publication statusPublished - 2002

Bibliographical note

Publisher: African Human Rights Law Journal

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