The evolutive interpretation of the African Charter on Human and peoples' rights

Jimoh, Mujib (2023) The evolutive interpretation of the African Charter on Human and peoples' rights. Indonesian Journal of International and Comparative Law, 10 (1). pp. 43-74. ISSN 2338-7602

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This Article regionalizes the discourse on the evolutive interpretation of human rights treaties to Africa. In it, three broad issues are discussed. First, it discusses the extent to which the African Human Rights Commission and Court may adopt the evolutive interpretation in interpreting the African Charter. Second, it examines the challenges to this interpretation method. Third, it discusses the counterarguments to the challenges. The Article argues that two main groups of provisions may support an evolutive interpretation of the African Charter – the “any other status” clause in Article 2; and Articles 60 and 61, referred to as the “decompartmentalization articles.” It finds that the popular notion that evolutive interpretation is contrary to the traditional international law principle of intent and consent and the potential clash of evolutive interpretation with African values are the main challenges to adopting the evolutive interpretation of the African Charter. In turn, the Article provides counterarguments to these challenges.

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 28 Aug 2023 10:12
Last Modified: 28 Aug 2023 10:12
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