Abstract

Women's access to regional justice as a fundamental element of the rule of law: The effect of the absence of a women's rights committee on the enforcement of the African Women's Protocol

Highlights

  • The rule of law, as a primary principle underlying the African Union (AU), is set to guide all its functions and processes.[1]

  • As stipulated by the CEDAW Committee, the right of access to justice for women is a fundamental element of the rule of law, which is essential to the realisation of women’s human rights everywhere

  • The first is whether the structure and procedure established by the African Women’s and African Court Protocols are obstructing women’s human rights claims from reaching the Court

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Summary

Summary

As stipulated by the CEDAW Committee, the right of access to justice for women is a fundamental element of the rule of law, which is essential to the realisation of women’s human rights everywhere. As pointed out by the CEDAW Committee, one important aspect of women’s access to justice is the implementation of international instruments and decisions in international and regional justice systems related to women’s rights. In line with this focus, the CEDAW Committee urges states to establish credible monitoring mechanisms for the implementation of international law. This analysis refers to three inter-linked lines of inquiry.

Introduction
Absence of a women’s rights committee under the African Women’s Protocol
10 C Hillebrecht ‘The power of human rights tribunals
14 K Engle ‘Female subjects of public international law
African Women’s Protocol and its enforcement mechanisms
Role of the Court in enforcing women’s rights
State reports
Individual complaints
Findings
Conclusion
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