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Falana v. African Union

African Court on Human and Peoples’ Rights.  26 July 2012 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International tribunals — African Court on Human and Peoples’ Rights — Access — Limitations on access by individuals — African Charter on Human and Peoples’ Rights, 1981 and its Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998 — Requirement under Article 34(6) of Protocol for State to deposit declaration accepting suit by individual — Jurisdiction — Non-State entity — Application of Article 34(6) — African Union — Corporate capacity — Adoption and enactment of Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998 — International legal personality — Admissibility of application — Exhaustion of local remedies — Locus standi

Human rights — Duty of State to adopt legislative measures — Right to freedom from discrimination — Right to a fair hearing — Right of access to public property and services — Equality of all persons before the law — Independence of the courts — Power to adopt special protocols or agreements — Whether Article 34(6) of Protocol violating Articles 1, 2, 7, 13(3), 26 and 66 of African Charter on Human and Peoples’ Rights, 1981

International organizations — Legal personality — African Union — Capacity to sue and be sued — Whether African Union subject to the jurisdiction of the African Court on Human and Peoples’ Rights — Whether African Union could be held liable for violation of African Charter on Human and Peoples’ Rights — Protocol on the Establishment of the African Court on Human and Peoples’ Rights, 1998

Type
Case Report
Copyright
© Cambridge University Press 2018

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