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The individual Article 27 (1) Individual duties “Every child shall have
Duties towards certain groups by responsibilities toward his
stipulating in general term only that family and society, the state
every individual shall have duties and other legally recognized
towards his family and society. communications and the
1. Individual duties toward international community.”
certain groups 1. Duty to work for the
2. Individual duties towards cohesion of the family
other individuals. 2. To serve the
• To maintain relations community
aimed at promoting, 3. To preserve and
safeguarding and strengthen social and
reinforcing mutual respect national solidarity
and tolerance. 4. Contribute for the
* I have a right and you have aright- preservation of
Individual duty- the respect of the African unity.
rights of others. ‘
Rights- Individuals of people --→
collective.
LIMITATIONS The exercise of many of the rights and freedoms guaranteed by the The following are the limitations in the exercise of rights that
African charter is conditions by limitation provisions must be complied with.
While some provisions of the African charter allow for the limitations 1. Legality- All limitations provisions stipulate that the
to be imposed on the exercise of the rights guaranteed, no limitations imposed must be prescribed by law,
derogations are ever allowed from the obligations incurred on the established by law, imposed in conformity to law, or
treaty pursuant to law.
There is a right but it is limited with regard to its exercise. 2. all limitations provisions stipulate that the limitations
imposed must be prescribed by law, established by law
imposed on conformity with the law, or pursuant to
law.
3. Must be prescribed by law
4. Established by law
5. Imposed in conformity of law or pursuant to law.
*limited by the constitution- if the Philippines wanted to limit
the freedom of speech , the international court will ask why.
Exemption :
6. May not be applied except in accordance with the laws
enacted for reasons of general interest and in
accordance with the purpose for which the restrictions
have been established.
7. Democratic society
The right to freedom of association provide that the limitations
must be necessary in a democratic society. However , regarding
the freedom of expression. The interpretation of the provisions
of the American Convention is conditioned by restrictions that
laid down in article 29 © and 32 (2) which provides
No provision of this convention shall be interpreted as
precluding other rights or guarantees that are inherent in the
human personality or derived from representative democracy
as a form of government.
The righto of each person is limited by the general welfare.
DEROGATION The African Charter does not provide for any derogation for the When is derogation necessary:
state parties in time of emergency. 1. In the condition of exceptional threat
I am not considering that right at all. 2. The condition of non derogability of certain obligations
3. the condition of strict necessity
4. the condition of consistency with other international
legal obligations
5. the condition of non-discrimination
6. the condition of international notification.
THE AFRICAN COMMISSION OF Shall consist of 11 The inter- Americial Commission on HUMAN RIGHRTS is
IMPLEMENTATION HUMANS AND PEOPLE’S RIGHTS.- independent and impartial competent to receive petitions concerning the alleged human
MECHANISM implementation mechanism members serving in the rights violations :
1. Promoting human and individual capacity. 1. From any person or group of persons or any legally recognized non-g
people’s rights Promote and protect the competence is mandatory
2. Protecting the rights rights enshrined in the 2. From one state party against another state party if such
There is no provision that an chapter. competence is recognized
individual has the capacity to file a 1. Collection of The Interamerican court of human rights is competent to
complaint alleging human rights information, organize examine cases submitted to it by the state parties and the
violation. meetings, make commission provided that these cases have first been
Communications vs Court recommendations to considered by the commission first.
1. Inter- state government ,
Communications formulate rules and
a. Interstate- STATE A principles for the
communicate its complaint protection of the
to state b. welfare of the child
Someone writes a communication 2. Monitor the
submits it to the commission→ 3 implementation and
months to submit explanation -→ if ensure the protection
not settled or negotiated it can be of the rights
brought to the commission.-→the 1. Reporting Procedure-
commission can only deal with the THE STATE parties
matter after domestic remedies undertakes to submit
have been exhausted-→ submit reports on the
written or oral statements→ after measures it has
the possession of all the necessary adopted to give effect
documents after having tried all to the provisions of
appropriate means to reach an the charter within 2
amicable solution based on the years from the entry
respect of human and people’s into force of the
rights→ prepare a report stating charter
the facts and findings which shall Complaints procedure- THE
be sent to the states concerned and COMMITTEE may receive
communications from any
to assembly head of state and person, group, non group or
government. non government organization
1. Should be written recognized either by OAU,
2. The domestic remedies members of the state or the
should be exhausted. Untied nations .
b. Communications from
sources other than those of
the state parties- Even
those which are not parties
can be impleade.
COMMUNICAITONS FROM OTHER
SOURCES OTHER THAN STATE
PARTIES.
1. The communication must
indicate the author( who
are they up against)- allows
the body to create its own
investigation whether this
complaint are to be
decided to the body or just
dismissed.
2. Must be compatible with
the charter of the OAU with
the African charter on
Human AND Peoples rights
3. It must not be written in
disparaging or insulting
language
4. Based exclusively on news
disseminated through the
mass media
5. Must be submitted only
after all the domestic
remedies had already been
exhausted
6. It must be submitted
within a reasonable period
from the time local
remedies are exhausted.-
difference from other
regions.
7. The communications must
not deal with cases which
have been settled by the
states in accordance with
the principles of the charter
of united nations the
charter of the OAU or the
African charter on human
and people’s rights.
The charter does not specify
whether the commission is
competent to deal with individual
complaints as such but merely
provides that each session of the
commission, the secretary shall
make a list of communications
other than those of state parties
and transmit them to the members
of the commission.
“when it appears after
deliberations of the commissions
that one or more communications
apparently relate to special cases
which reveal the existence of a
series of serious or massive
violation of human rights the
commission shall draw the
attention of the assembly heads of
state and government to these
special cases.
1. We need people to testify
that it did exist, it has to be
based at a reliable source
and not due to mass media
The commission need not entertain
all the violation
If one of the requisites that are not
present, the court can dismiss the
case. Because you cannot provide
me the real live witnesses that I
need.
Periodic Reports
1. The state parties to the
charter also undertake to
submit every two years a
report on the legislative or
other measures taken with
a view giving effect to the
terms of the charter.