The African Charter on Democracy, Elections and Governance requires state parties to establish and strengthen democratic institutions, the rule of law, human rights and independent electoral systems. However, the extent to which these provisions can be invoked by individuals and non-governmental organizations before a court of law is uncertain. It is also unclear whether such provisions guarantee “stand-alone” individual rights and as such whether the charter could be considered to be a human rights instrument. This article seeks to analyse whether the charter is a human rights instrument, as well as examining its justiciability in light of the decision of the African Court on Human and Peoples’ Rights in APDH v Côte d’Ivoire. The analysis highlights the court’s decision affirming that the charter is a human rights instrument and that individuals and non-governmental organizations can file cases in a court of law seeking its enforcement.
The African Charter on Democracy, Elections and Governance as a Justiciable Instrument
Related Resources
-
From ‘Social Evils’ to ‘Human Beings’: Vietnam’s LGBT Movement and the Politics of Recognition
Phuong, Pham Quynh. 2022. “From ‘Social Evils’ to ‘Human Beings’: Vietnam’s LGBT Movement and the Politics of Recognition.” Journal of Current Southeast Asian Affairs 41 (3): 422–39.
- Open Source Results
- Authors with Diverse Backgrounds
-
Silent Struggles: Women Education Leaders’ Agency for Peacebuilding in Islamic Schools in Post-Conflict Aceh
Lopes Cardozo, Mieke T.A., Rizki Amalia Affiat, Faryaal Zaman, Maida Irawani, and Eka Srimulyani. 2022. “Silent Struggles: Women Education Leaders’ Agency for Peacebuilding in Islamic Schools in Post-Conflict Aceh.” Journal of Peace Education 19 (2): 158–81.
- Open Source Results
- Authors with Diverse Backgrounds