Afrykańska Karta Praw Człowieka i Ludów. Studium podstawy normatywnej regionalnego systemu ochrony praw człowieka
The African Charter on Human and Peoples’ Rights. The Normative Pillar of the African Regional Human Rights System

Author(s): Marek Jan Wasiński
Subject(s): Politics / Political Sciences, Social Sciences, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: African Charter; Human and Peoples' Rights; African Commission on Human and Peoples' Rights; African Court on Human and Peoples' Rights
Summary/Abstract: The African system, as the one most recently established, is frequently perceived as rudimentary, least developed and experiencing institutional shortcomings to such a great extent that it barely struggles to survive. Consequently, it has been attracting less scientific attention and still embodies the terra incognita for many international law scholars. The book demonstrates that, upon meticulous scrutiny, the African human rights system is a complex and persistent phenomenon founded upon numerous normative acts and evolving through a daily practice of specialized international organs. The analysis proves that it is virtually impossible to proceed with the mapping of the law of international human rights without considering recent developments in Africa. The true cornerstone of sources forming the African system was laid in 1981 with the adoption of the African Charter on Human and Peoples’ Rights by the Organization of African Unity. Therefore, the present study focuses on the Charter revealing the context of its adoption and presenting its procedural and institutional provisions as a normative backbone for the functioning of the regional system. It also provides accurate, comprehensive, methodical and critical presentation of the institutional guardians of the system: the African Commission on Human and Peoples’ Rights (the Commission) and the African Court on Human and Peoples’ Rights (the Court).

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