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Thesis

French

ID: <

10670/1.x41mfa

>

Where these data come from
The contribution of the African commission on human and peoples’s rights to the protection of the rights of detainees

Abstract

Treaty body established by the African Charter on Human and Peoples' Rights, the African Commission has exercised its mission to monitor the respect of Human rights in Africa. In this context, from 1992 to 2017, it issued a set of 57 decisions through which it contributes to the protection of the rights of detainees in Africa. This approach focuses on two components namely, the recognition of prisoners' rights and their implementation. Thus, the Commission has used its interpretative activity to give substance to the general rights recognized by the Charter and to adapt them to the specific context of detention. The Commission has therefore raised standards and principles demanding respect and protection of the human dignity, the protection of physical or moral integrity, the right to social relations and the right to the lawfulness of detention. In addition, the Commission has established litigation and non-litigation mechanisms along with follow up mechanisms, through which it monitors the measures adopted by States to give effect to the rights of detainees. Thus, this research has highlighted the positive aspects and the limits of this contribution. These limits, which are due to factors both internal and external to the Commission, have given rise to recommendations that, if taken into account, would strengthen this mechanism and make the protection of detainees' rights more effective.

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