A COMPARATIVE STUDY OF THE AFRICAN AND THE EUROPEAN REGIONAL SYSTEMS FOR PROTECTION OF HUMAN RIGHTS: LESSONS FOR AFRICA

  • Type: Project
  • Department: Political Science
  • Project ID: POL0125
  • Access Fee: ₦5,000 ($14)
  • Chapters: 5 Chapters
  • Pages: 67 Pages
  • Format: Microsoft Word
  • Views: 1.2K
  • Report This work

For more Info, call us on
+234 8130 686 500
or
+234 8093 423 853
Abstract
African and European human rights systems are usually described as young-ineffective and old-effective respectively. Though plenty of scholarly works exists about the two systems, there is lack of comparative studies which tries to elicit similarities and differences between the two systems. Other than providing a descriptive account of the African system and categorizing it as young and ineffective, the existing literatures particularly failed to point-out lessons which can be drawn from experiences of the categorically effective European system. Therefore, by employing the Most Similar Systems Design of the comparative approach under the general qualitative framework, utilizing descriptive and exploratory techniques and based on documentary sources of information, this study examined the similarities and differences between the European and African human rights systems. The intention of the comparison was eliciting lessons which can be drawn from experiences of the European system to its African counterpart.
Experience of the European system clearly shows that conducive socio -economic and political conditions, enhanced participation of the Non-Governmental Organizations (NGOs) and the National Human Rights Institutions (NHRIs), vibrant role of the regional organizations, refined legal instruments and well structured and resourced regional human rights institutions all are vital for the functional efficacy of a regional human rights scheme. Therefore, for functional efficacy of the African human rights system to be enhanced, improvement in the socio-economic and political conditions at the continental level is a fundamental necessity. Secondly, the role of NGOs and NHRIs needs to be strengthened. Thirdly, the African Union (AU) bears, in similar mantra to the Council of Europe (CoE) and the European Union (EU), the responsibility of fathering the African system. Fourthly, legal regime of the African system, which basically revolves around the African Charter on Human and Peoples’ Rights (AChHPR), needs to be refined in due consideration of the loopholes such as the claw-back clauses and the ill-defined and/or sidelined rights. Lastly, the mandate, composition, funding, staffing, physical infrastructures 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) requires major overhauling. All in all, the experience of the European system provides important lessons which may help to enhance functional efficacy of the African human rights system.





CHAPTER ONE: INTRODUCTION
1.1 Background of the Study
The issue of human rights has traditionally remained within the preempted province of the state. Thus, the manner in which a state treated its own nationals and the people within its borders remained outside the realm of International law (Burgenthal, 1995: 3). But, this was gradually changed after the Second World War as evidenced by the signing of the United Nations (UN) Charter and the Universal Declaration of Human Rights (UDHR). Therefore, the modern international human rights law1, by implication the international protection of human rights, is a twentieth century development and closely associated to the adoption of the UN Charter in 1945.
Another major development in the twentieth century regarding human rights is the evolution of the regional human rights systems. Regional human rights systems are schemes for promotion and protection of human rights within certain geopolitical region. Among the regional systems2, European system is the oldest one and the Council of Europe (CoE)3 is the first regional organization to enlist human rights as one of its foundational principles. And in 1950, the Convention for the Protection of Human Rights and Fundamental Freedoms (commonly called the European Convention, ECHRa) was adopted by the member states of the CoE.
A COMPARATIVE STUDY OF THE AFRICAN AND THE EUROPEAN REGIONAL SYSTEMS FOR PROTECTION OF HUMAN RIGHTS: LESSONS FOR AFRICA
For more Info, call us on
+234 8130 686 500
or
+234 8093 423 853

Share This
  • Type: Project
  • Department: Political Science
  • Project ID: POL0125
  • Access Fee: ₦5,000 ($14)
  • Chapters: 5 Chapters
  • Pages: 67 Pages
  • Format: Microsoft Word
  • Views: 1.2K
Payment Instruction
Bank payment for Nigerians, Make a payment of ₦ 5,000 to

Bank GTBANK
gtbank
Account Name Obiaks Business Venture
Account Number 0211074565

Bitcoin: Make a payment of 0.0005 to

Bitcoin(Btc)

btc wallet
Copy to clipboard Copy text

500
Leave a comment...

    Details

    Type Project
    Department Political Science
    Project ID POL0125
    Fee ₦5,000 ($14)
    Chapters 5 Chapters
    No of Pages 67 Pages
    Format Microsoft Word

    Related Works

    Abstract African and European human rights systems are usually described as young-ineffective and old-effective respectively. Though plenty of scholarly works exists about the two systems, there is lack of comparative studies which tries to elicit similarities and differences between the two systems. Other than providing a descriptive account of... Continue Reading
    Abstract With objective of examines the response of the EU toward the rising number of African migrants in the light of human rights principles, this study assess whether the policy as well as practical measures of the EU is parallel with the international obligation under human rights law in the protection of African migrants. The paper also... Continue Reading
    ABSTRACT This research study aimed at the assessment of the challenges of regional integration in Africa focusing on the New East African Community. The specific objectives of the study were to determine the political Factors Promoting EAC Growth and Development, to examine the extent to which the East African countries are prepared to achieve... Continue Reading
    ABSTRACT The research was focused on the effectiveness of the African court on human and people's rights in resolving the African challenges: A case study of war outbreak in the Republic of South Sudan in 2013-2014. The general objective of the study was to examine the effectiveness of the African court on human and people's rights in resolving... Continue Reading
    TABLE OF CONTENTS DECLARATION ................................................................................................................. i DEDICATION ................................................................................................................... iii ACKNOWLEDGEMENT... Continue Reading
    TABLE OF CONTENTS CHAPTER ONE Introduction CHAPTER TWO The Concepts of Freedom And Human Rights CHAPTER THREE Situation of Freedom and Human Rights in Nigeria Since the Democratic Dispensation CHAPTER FOUR Nigeria and Its International and Regional Commitments CHAPTER FIVE... Continue Reading
    ABSTRACT This study ' was carried out with different organizations and agencies in Kampala with specific aims to identify the circumstances which give rise to the arrest of street children and the legalities taken into account to... Continue Reading
    ABSTRACT This work explores what the African Union (AU) in its African Economic Community objectives can learn from the way to the European Union (EU) Single Market. The AU through its 1991 Abuja Treaty set an objective of having an African Economic Community in Six stages, from Free Trade Area (FTA) in the various Regional Economic Communities... Continue Reading
    ABSTRACT This work explores what the African Union (AU) in its African Economic Community objectives can learn from the way to the European Union (EU) Single Market. The AU through its 1991 Abuja Treaty set an objective of having an African Economic Community in Six stages, from Free Trade Area (FTA) in the various Regional Economic Communities... Continue Reading
    General Information Bushmeat consumption, the consumption of meat from wild forest animals, is an important part of livelihoods in rural West- and Central Africa. In the Congo Basin, bushmeat protein supply was estimated at 30 g person'1 day'1 (Democratic Republique of Congo) to 180 g person'1 day'1 (Gabon) (2002-2003). Based on... Continue Reading
    Call Us
    whatsappWhatsApp Us