Peer-reviewed article
The Normative Dilemma(s) in the African Human Rights System and its Effects on the Development of Human Rights Jurisprudence: A Focus on the African Court on Human and Peoples’ Rights and The African Committee of Experts on the Rights and Welfare of the Child
Robert Doya Nanima, Benyam Dawit Mezmur ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This academic paper analyzes the African Court on Human and Peoples' Rights and its advisory opinion regarding the African Committee of Experts on the Rights and Welfare of the Child's access to the court. The analysis examines the institutional and procedural barriers within the African human rights system, specifically how the Protocol establishing the African Court does not grant the Committee direct access. The paper reflects on the Court's reasoning and considers how child rights principles should inform such institutional decisions. It draws on comparative regional court experiences and existing jurisprudence.
Key points
- The Protocol establishing the African Court does not grant the African Committee of Experts on the Rights and Welfare of the Child direct access to the court
- The Committee sought an advisory opinion from the African Court to address this institutional gap
- The Court's advisory opinion relied primarily on procedural rather than substantive reasoning
- Child rights principles should have been more centrally considered in the Court's decision
- Comparative analysis with other regional courts provides relevant experience for the African system
Limitations
This is a legal analysis and critique of institutional structures and jurisprudence, not an empirical study of child outcomes or effectiveness of interventions. It does not evaluate impact on actual children's well-being or rights realization.
Abstract
The butterfly effect illustrates how a small oversight, if left unchecked, can have significant consequences over time. A pertinent example of this principle is found in the Protocol establishing the African Court of Human and Peoples’ Rights, which notably does not grant the African Committee of Experts on the Rights and Welfare of the Child direct access to this court. This omission is particularly striking when compared to the limited access afforded to the African Commission on Human and Peoples’ Rights. To address this impasse, the Committee sought an advisory opinion from the African Court regarding its access. This contribution critically analyses the Court’s advisory opinion in relation to the submissions made by the Committee. The analysis is reflective and proffers some insights worthy of future consideration. It attempts to analyse some of the premises used by the Court to arrive at the final decision in its advisory opinion. The reasons provided, while mostly procedural, cannot shy away from some of the substantive child rights principles that informed, and should have informed the advisory opinion. The sources used for this reflection include submissions by the African Committee, the advisory opinion, the procedural rules of the African Court, the experiences of other regional courts and the jurisprudence of the Court.