Dissertations / Theses on the topic 'Charte africaine des droits de l'Homme et des peuples'
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Konde, Mbom Jean-Baptiste. "Le contrôle international de l'application de la charte africaine des droits de l'homme et des peuples." Grenoble 2, 1996. http://www.theses.fr/1996GRE21013.
Full textImplementation mechanism of african charter face two mains obstacles which reduce its effectiveness. Firstly cultural data which confront the protection of individuals rights. Secondly controls means are limited non adapt. On cultural plan, african society based on anthropologycal conception in which rights group are important than rights of individuals. The charter also consacreted reference of member of state of organization of african - oau- to political solution by the assembly of heads state rather than juridictional body. African machanism draw its inspiration from resolution of ecosoc. These resolutions are unrestrainedly and give favor to political considerations. About means of the implementation, the assembly of head of state which is a politic cal body an one self decision body is no adapted to the implementation because of its organisation and functioning. African commission's mandate is too wide, but also give pre-eminence to the promotion of human rights. So its protective power falls short of those of european and american commission. The procedure of complaining are limited there are confidential, and not give reparation to victim of violation.
ETEKA, GABRIEL VALE. "Etude comparative de la charte africaine des droits de l'homme et des peuples et des autres instruments universels et regionaux des droits de l'homme." Rennes 1, 1994. http://www.theses.fr/1994REN11024.
Full textThis study has as objective to compare the african charter on human and peoples' rights with the others universal and regional instruments to appreciate the degree of elaboration of the african instruments and its chances of success. The introduction relates the emergence of human rights on international scene and presentes thecomparison's terms which are : the african charter on human and peoples' rights, the international charter on human rights (universal declaration, pats of 1966 and optimal protocols to the second pact), the european convention on human rights, the european social charter, the american declaration on human rights and duties, the american convention on human rights and the san salvador protocol. The first part presentes the normative aspects of african charter inherited from others instruments and its deficiencies. The second part analyses the formal and normative specificities of african charter. The third part examines the safeguard mechanisms of the instruments in presence
Illa, Maikassoua Rachidatou. "Les effets des décisions de la Commission africaine des droits de l'homme et des peuples." Paris 1, 2011. http://www.theses.fr/2011PA010262.
Full textDadie, Dobe-Yoro Zilhy Maryvonne Alice. "La contribution de la commission africaine des droits de l'homme et des peuples à la protection des droits des détenus." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA002.
Full textTreaty 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
Ourigbale, Koué Stéphane. "Les pouvoirs de la Commission africaine des droits de l'homme et des peuples." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020042.
Full textThe protection powers of the African Commission give rise to various criticisms because of its non-jurisdictional nature. However, it has continued to expand its field of action and strengthen its powers of protection despite the creation of an African Court. The analysis of the factors of the rise of this body of control has revealed a double dynamic resulting from its relations with the States and its interactions with other actors of the African system. A first dynamic favoured the construction of powers specific to the African Commission through an operationalization of its advisory function and a ‘jurisdictionalization’ of its contentious function. A second dynamic consisted of a reconstruction of the powers of States around the idea of the inviolability of human rights and a rebalancing of the obligations and rights of the various actors of the African system for the protection of human rights. It has thus been shown that the African Commission has freed itself from certain structural and normative restrictions in order to give the necessary effectiveness to its mission of protecting human rights in Africa. As a result, it remains the main safeguarding body likely to enhance the effectiveness of the African system in a complementary way with the action of the other mechanisms. In reality, the effectiveness of the protection of human rights results less from the jurisdictional nature of the supervisory body or from the binding nature of the instruments in force than from the practice of the actors in the system and their ability to respect the protected rights
Hanffou, Nana Sarah. "La Cour africaine des droits de l'homme et des peuples : étude à la lumière de l'expérience européenne." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1016.
Full textIf the idea of creating a regional human rights court dates back to 1961, it became a reality in 1998, when the Ouagadougou Protocol establishing the African Court of Human and Peoples' rights (African Court) was adopted.This court complements the mandate of the African Commission on Human and Peoples’ rights. It is fully in line with its European and American counterparts and has undoubtedly a role to play in the effectiveness of the regional protection of human rights.Therefore, the study of this court, in the light of the European experience, aims to highlight the features of this court while demonstrating that it meets international standards in this area, particularly the standards derived under fair trial. His extended competence, whether contentious or advisory is unique in many ways.African states have demonstrated pragmatism in the establishment of this regional court and have not made a blind imitation with the model of the European Court of Human Rights. Since its first judgment in 2009, the African Court delivered judgment on the merits which provide information on both procedural issues and the content of the protected rights. Of course, challenges remain to be addressed. The crystallization of the relations with the International Criminal Court and the subsequent uncertainty about the creation of an African Court of Justice and Human Rights are clearly problematic. The multiplicity of regional courts whose main objective is economic integration, but who can also rule on questions relating to human rights, also raises a number of questions
Ngono, Solange. "Le procès pénal camerounais au regard des exigences de la Charte africaine des droits de l'homme et des peuples." Paris 13, 2000. http://www.theses.fr/2000PA131024.
Full textNgono, Solange. "Le procès pénal camerounais au regard des exigences de la Charte africaine des droits de l'homme et des peuples /." Paris ; Budapest ; Torino : l'Harmattan, 2002. http://catalogue.bnf.fr/ark:/12148/cb389329985.
Full textTonye, Jeanne de Chantal. "L’OUA et la protection des droits de l’homme." Clermont-Ferrand 1, 1997. http://www.theses.fr/1997CLF10001.
Full textCoulibaly, Yrepe Melissa. "La spécificité de la conception et de la protection des droits de l'homme et des peuples en Afrique au début du XXIème siècle." Thesis, Toulon, 2015. http://www.theses.fr/2015TOUL0087.
Full textThe decentralization of human rights has favoured the setting up of a number of legal instruments more properly equipped to insure the protection of human rights. With this in view, in 1981 Africa drafted the African Charter of Human and People’s Rights. The authors of the African Charter were anxious to provide a legislation that would take into account the specificities and cultural diversity of their continent. In this way, alongside the rights of first, second and third generations, the African Charter enshrines the rights of her peoples and proclaims their duties. The institutional side of the protection of human rights in African has taken on its full significance with the creation of the African Court of Human and People’s Rights. However, even if the organization has no legal power, we should not underestimate the importance of the role played in its defence of Human rights in Africa by the African Commission of Human and People’s rights. The pride of place given to human rights in the constitutions of African States shows how they prioritize these rights
Coulibaly, Yrepe Melissa. "La spécificité de la conception et de la protection des droits de l'homme et des peuples en Afrique au début du XXIème siècle." Electronic Thesis or Diss., Toulon, 2015. http://www.theses.fr/2015TOUL0087.
Full textThe decentralization of human rights has favoured the setting up of a number of legal instruments more properly equipped to insure the protection of human rights. With this in view, in 1981 Africa drafted the African Charter of Human and People’s Rights. The authors of the African Charter were anxious to provide a legislation that would take into account the specificities and cultural diversity of their continent. In this way, alongside the rights of first, second and third generations, the African Charter enshrines the rights of her peoples and proclaims their duties. The institutional side of the protection of human rights in African has taken on its full significance with the creation of the African Court of Human and People’s Rights. However, even if the organization has no legal power, we should not underestimate the importance of the role played in its defence of Human rights in Africa by the African Commission of Human and People’s rights. The pride of place given to human rights in the constitutions of African States shows how they prioritize these rights
Birker, Matthieu. "La défense contentieuse des intérêts collectifs devant les commissions et cours régionales des droits de l'homme." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA008.
Full textThe tension between the uniqueness of each individual and the social dimension of the human being is often reduced by law to a contradiction. European human rights law is seen as a bulwark against the supremacy of the group over the individual, as it is based on the need to protect individual dignity and the rights attached to it against attacks by the wider community and its institutions. However, the development of new regional systems of human rights protection in the Americas and Africa based on conventions that are less imbued with the antagonism between the individual and the collective, as well as the proliferation of groups claiming to have interests and to defend them, highlight the social dimension of the individual and bring collective interests to the legal sphere. This study aims to investigate whether this dimension is so inherent to the humanity of the individual, that the interests that the latter owns jointly and inseparably with all or part of his fellows are human rights, which should be enshrined and defended as such
Barendse-Pastorelly, Layla. "Le Sénégal : Des empires à la République. Essai d'analyse du statut interne et du statut international de l'Etat." Nice, 2002. http://www.theses.fr/2002NICE0042.
Full textSenegal has been able to develop from a recent decolonization to a democratic system of government in a relatively short time and without major clashes. Considered as a democratic model by Africa, having shown its ability to have personal experience of political alternation by voting and its ability to proceed to administrative reforms necessary to the "good governance", this well-built-fundamental State with an undeniably international opening - its diplomacy is considered as one of the most effective in Africa - confirms on the eve of the third millennium, its universality vocation in the Human Rights defence and its will of not being a globalisation "misfit". Senegal is trying to set the means to participate in the "new world order of information", becoming a favourable space to new technologies and developing the education in an adequate way. For only educated and trained people can hope for participating in the new economy
Gambaraza, Marc. "Le statut juridique de la Déclaration universelle des droits de l’Homme." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020073/document.
Full textThe legal status of the Universal Declaration of Human Rights, which was subject to controversy at the time it was adopted, has evolved since then. At the international level, the Universal Declaration has become part of the United Nations legal corpus and has been recognized as a binding instrument by publicists and judicial and quasi-judicial bodies. At the national level, it has been incorporated into many domestic legal systems following dynamics related to four trans-regional areas (Common Law, Latin America, Europe and Africa). This double evolution has changed the intrinsic status of the UDHR, which is now part of the non-conventional sources of mandatory law, though some legal systems deny its binding force. Its applicability is therefore based on the formulation of the rights it contains
Lattouf, Ziad. "La mise en oeuvre de l'accord d'association en Algérie - Union européenne dans les perspectives du respect des droits de l'homme." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30002.
Full textThe Algerian-European association, signed on 19 December 2001 in Brussels and enforced on 1 September 2005, represents a partnership in terms of human rights. Sett off by the Barcelona Declaration of 27 & 28 November 1995, it nowadays serves as the best model for a genuine implementation of human rights in the field of assocation agreements. Inspired by Euro-Mediterranean policy whose objective is the promotion as well as protection of human rights, as stated in the universal declaration of human rights, it affects the parties, domestic and international policies and represents and essential element in the implementation of the Algerian-European association agreement. Is there a genuine implementation of the Algerian-European association agreement in the perspective of the respect of human rights? And what are the means used for that propose?
Tidjani, Amidou Issiaka. "La Cour africaine des droits de l'homme et des peuples : d'une juridiction ordinaire de garantie des droits fondamentaux à une Cour régionale sui generis." Electronic Thesis or Diss., Paris 8, 2019. http://www.theses.fr/2019PA080043.
Full textInitially, the African Court on human and people’s rights was established in 1998 by the African Union to guarantee the protection of fundamental rights. Like the European and the inter-American Courts, it was a specialized body in charge of giving effectiveness to a continental treaty on human rights. To reach this goal, the African Court was granted a widen material jurisdiction and a fair trial guarantee. However, that good theoretical design has been limited by important practical inadequacies. In fact, the African Court has been very difficult to access and the implementation of its decisions is not totally ensured. Therefore, the effectiveness of that Court is simply partial. Otherwise, the African Court is undergoing a substantial transformation which makes it, more than a simple regional Court on human rights, the tool for claiming a new perception of international law. So, it was merged in 2008 with the African Union Court of justice to become a new Court preventing African States from going to non-Africans international Courts. This dynamic has been completed in 2014 by the expansion of the new Court prerogatives to judge individuals for international crimes. This reform means a way to prevent Africans, in future, to be judged by International Criminal Court. Yet, all of these reforms are transforming the African Court on human and people’s right to sui generis Court. But they are also creating an important risk of failure for human and people’s right protection in Africa
Johnson-Bégin, Simon. "L'application des instruments de protection des droits et libertés de la personne chez les peuples autochtones du Canada." Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/29906/29906.pdf.
Full textThis paper examines the application of the Canadian Charter of Rights and Freedom, as well as that of the provincials and federal human rights acts to the Aboriginal people of Canada. Regarding the Canadian Charter, it verifies to which extent the different types of Aboriginal governments are bound by the Charter. It follows by studying the relationship between aboriginal and treaty rights and the Canadian Charter by insisting on the fact that a part of the Constitution cannot abrogate or derogate from one another. As for the provincials and federal acts, it examines the influence of the distribution of powers on their application. As such, it seeks to determine under what circumstances human rights are considered to be of provincial or federal jurisdiction, and then applies those principles to aboriginal matters. It then reaffirms that these acts are subject to aboriginal and treaty rights according to the Constitutional Act, 1982.
Abdoulaye, Younsa Issaka. "L’influence des chartes protectrices des droits de l’homme sur le droit international privé de la famille : étude comparative de la Charte africaine des droits de l’homme et de la Convention européenne des droits de l’homme." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0628.
Full textThe study of the influence of the Human Rights Protective Charters confirms that they have a hold or affect the rules applicable to private international family relations. This significant impact was, moreover, not anticipated when these International human rights instruments were drawn up. However, this influence is not seen in all International systems for the protection of human rights. Thus, under the African charter, in the field of private international family relations, the African text protecting human rights is almost non-existent. He suffers from a huge lack of effectiveness in domestic law - in particular in private international family law. The ineffectiveness of the charter in this area is considerable and worried because respect for human rights must also prevail in relations between individuals, grafted with an element of foreignness. If we compare the European system to that of Africa, the contrast is quite striking. Because within the framework of the European convention, the conventional norm is so present in extra-border relations between individuals that it affects or influences the rules applicable in private international family law. This "over-effectiveness" of human rights is denounced and frightens some because of the almost limitless prerogatives that fundamental rights grant to individuals, who becomes master of everything. The individual God. Internationalist privatists fear that under the effect of fundamental rights private international law will no longer be able to effectively promote rapprochement between systems
Tavernier, Julie. "La réparation dans le contentieux international des droits de l’homme." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020063.
Full textThe reparation of damage caused to individuals is a former thematic issue of international law. However, its development has been studied only from the point of view of interstate relations as soon as the individual was conceived and treated as an object, not as a subject of international law. The change, brought by the international protection of human rights relating to the status of individual, in this legal order, suggests to re-open the debate on this matter. As a result, the compelling obligations undertaken by member states regarding international protection of human rights, should logically lead to the existence of an obligation for the latter to repair the damage caused to the private individuals. But identifying such an obligation remains delicate both with regard to his creditors and with regard to its scope. Its implementation is left largely with the hands of the judge. It is therefore difficult to find a genuine legal regime for the reparation of damages caused by the violation of human rights
Remiche, Adelaïde. "La justiciabilité des droits économiques, sociaux et culturels en Belgique: Étude analytique et prospective à la lumière de la jurisprudence internationale." Doctoral thesis, Universite Libre de Bruxelles, 2017. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/243492.
Full textDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Dyukova, Yulia. "L’utilisation du droit international humanitaire par les organes chargés de la protection des droits de l'homme." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020014.
Full textInternational human rights law and international humanitarian law are two branches of public international law which share the objective of protecting individuals. Yet, stemming from different historical and political backgrounds, these two legal regimes do not rely on the same principles and their institutional systems are very different. This research examines the use of international humanitarian law by bodies which are in charge of surveilling the application of the principal regional and universal human rights instruments. The focus of our attention will be on the way these bodies can contribute to international humanitarian law enforcement but also and above all on the impact that the use of international humanitarian law can have on human rights protection. The questions that we intend to answer are as follows: to what extent is the use of international humanitarian law by human rights protection bodies possible and instrumental and is it beneficial for attaining the object and purpose of instruments whose application they are mandated to supervise? We have to conclude that the importance of international humanitarian law in their work can only be very limited unless they betray their mandate and transform themselves into judges of the law of armed conflict