58. The Commission And The Court Under The African Human Rights System

Abstract

The African human rights system encompasses two major instruments: the African Charter on Human and Peoples' Rights, and the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa. The enforcement and monitoring mechanisms for both the Charter and the Protocol are the African Commission on Human and Peoples' Rights and the African Court on Human and Peoples' Rights. The Court has power to give advisory opinions on an issue relevant to the African Charter or any other relevant human rights instrument. The advisory opinion may be requested by African Union States, the African Union or any of its organs or any African organisation recognised by the African Union. The effectiveness of the Commission and the Court will depend on the extent to which sufficient resources are provided for them to carry out their mandates. Keywords: African Charter; African human rights system; human rights instrument; monitoring mechanisms