Mission (im)possible? : avagy az emberi jogok érvényesítésének lehetőségei napjaink Afrikájában

Juhász Marina: Mission (im)possible? : avagy az emberi jogok érvényesítésének lehetőségei napjaink Afrikájában. In: Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae, (3). pp. 263-290. (2021)

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Abstract

Different kinds of circumstances harden the enforcement of human rights on the African continent: poverty, lack of information and travel opportunities, in addition the judicial system is organized exclusively on urban areas. Yet, I discovered the main obstacles in the proceedings of the African Court on Human and Peoples’ Rights. The preliminary issue of my research is based on the aims of the newly established Rules of Court, which entered into force on 25 September 2020: whether the will of Court is visible to develop a more "accessible" system considering the Court’s judgments during the year of 2020 compared to the previous year and which are the specific methods the Court uses to ease the conditions of admissibility to ensure the enforcement of human rights? In my research, I processed all the Court judgments rendered in 2020 and concluded that the enforceability of judgments is still an unresolved issue and that the admissibility rules for applications received by the Court remain difficult to comply with. However, it is ascertainable that the Court overcomes the difficult conditions of admissibility by its fairness practice. Moreover, I examined the problems of law enforcement through two groups of law, so the challenges affecting the rights of African children and women are also included in my work. It caught my attention that there is still little effort to promote children's rights, despite the establishment of the African Committee on the Rights and Welfare of the Child in 1990 to protect the rights of children, but only 6 decisions have been made since the operation of the Committee. The enforcement of women's rights is impeded by the fact that, although the Maputo Protocol is widely accepted across the continent, the Court has jurisdiction to examine the application of the Protocol, but requires a declaration of submission by States. Presently, only 9 African States have made declaration towards the Court. In the light of my proposed solutions, it could be possible to build a system where people would be aware of their rights and the ways of enforcing them. Therefore, I see the enforcement of human rights in today's Africa as a 'mission possible'.

Item Type: Article
Other title: Mission (im)possible? : namely the possibilities of enforcing human rights in Africa
Journal or Publication Title: Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae
Date: 2021
Volume: 3
ISSN: 2560-2802
Page Range: pp. 263-290
Language: Hungarian, English
Related URLs: http://acta.bibl.u-szeged.hu/74396/
Uncontrolled Keywords: Emberi jogok - Afrika
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.05. Law
Date Deposited: 2022. Feb. 28. 12:13
Last Modified: 2023. Nov. 06. 14:44
URI: http://acta.bibl.u-szeged.hu/id/eprint/74507

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