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The Advisory Function of the African Court on Human and Peoples' Rights

Domaine:

peace and security
Créateur:
Pat
Éditeur:
Pro
Hôte:
ABSTRACT: The advisory function of the African Court on Human and Peoples' Rights, though extensively established, remains largely underutilized. Few actors, whether public or private, have sought advisory opinions, relegating this competence to a secondary role compared to the Court's contentious function. While the Court has delivered numerous judgments in contentious matters, its advisory opinions remain scarce, exposing a structural imbalance in its activities. This situation raises questions about the extent to which African actors have embraced this mechanism and its strategic potential for preventing human rights violations and fostering normative harmonization. In the face of political, legal, and institutional challenges to African multilateralism, the advisory function could emerge as a tool for innovation. It offers the possibility of a proactive legal advisory role, enabling the anticipation of crises and conflicts through preventive interpretation of legal instruments. By serving as a normative laboratory, this competence could strengthen national and regional human rights protection systems. To maximize its impact, it is imperative that African actors and the Court adopt a proactive and innovative approach, transforming this function into a driving force for legal and institutional progress across the African continent.

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