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Mkandawire v. Republic of Malawi

African Court on Human and Peoples’ Rights.  21 July 2013 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International tribunals — African Court on Human and Peoples’ Rights — Jurisdiction — Temporal jurisdiction — Date of entry into force of Protocol to African Charter on Human and Peoples’ Rights — Date cause of action arising — Continuing violations of rights — Subject-matter jurisdiction — Broad subject-matter jurisdiction under Article 3 of Protocol — Jurisdiction ratione personae — Optional Declaration under Article 34(6) of Protocol — Competence of Court to deal with cases instituted by individuals — Admissibility of application — Pendency of matter before African Commission — Recourse to national courts — Exhaustion of local remedies

Human rights — Treaties — African Charter on Human and Peoples’ Rights, 1981, Articles 7 and 15 — Right to a fair hearing — Right to work under equitable and satisfactory conditions — Whether termination of employment violating Articles 7 and 15 of Charter

Claims — Local remedies rule — Human rights action — Failure of applicant to argue case in national court because of objection to national procedural rule — National court entitled to determine its procedure — African Court on Human and Peoples’ Rights

Type
Case Report
Copyright
© Cambridge University Press 2018

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