CEU Electronic Theses and Dissertations, 2012
| Author | Kamau, Esther Njeri |
|---|---|
| Title | INDIVIDUAL COMPLAINT MECHANISM IN THE JURISPRUDENCE OF THE AFRICAN HUMAN RIGHTS SYSTEM VIS A VIS THE EUROPEAN AND THE INTER-AMERICAN HUMAN RIGHTS SYSTEMS: INADEQUACIES AND PROSPECTS |
| Summary | The establishment of the three regional systems; the European, the Inter-American and the African systems of human rights gives an indication of the great significance that is accorded to the protection of human rights. However, although the three systems have exemplified that their core values and obligations are backboned on the protection of human rights, the degree of protection that is offered by the systems differs from one system to another. In the earlier days, the three systems were giving priorities to the inter-state applications therefore turning a blind eye on the needs of individuals of human rights violations. However, there has been a slow paradigm shift in the jurisprudence of the three systems whereby individual complainants are slowly being allowed to access the systems just as state parties are. This move has been made possible by the realisation that individuals are more venerable to human rights violations as opposed to states. Sadly, despite the jurisprudential paradigm shift that is slowly taking place in the regional systems, the African system still maintains a requirement whereby the right for an individual to access the system is still pegged on the good will of the member states to make a declaration acknowledging the jurisdiction of the Court to deal with individual applications. This paper contends that it is elusive to continue assuming that individual complainants do not have redress-able rights without the intervention of their respective states. |
| Supervisor | Polgari Eszter |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/kamau_esther.pdf |
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