TY - JOUR
T1 - From Context to Content of Human Rights
T2 - The Drafting History of the African Charter on Human and Peoples' Rights and the Enigma of Article 7
AU - Plagis, Misha Ariana
AU - Riemer, Lena
N1 - Publisher Copyright:
© Misha Ariana Plagis and Lena Riemer, 2020.
PY - 2020
Y1 - 2020
N2 - The context that leads to human rights treaties being drafted or adopted has garnered much attention, especially concerning the developments in the 1970s. However, the link to the content of those human rights treaties is often missing in the analysis. In addition, less attention has been paid to one of the major developments at the time: The adoption of the African Charter on Human and Peoples’ Rights. The article engages with these gaps from the perspective of the drafting process of the African Charter, using the unique wording of article 7 to illustrate four significant political and historical factors that helped determine its content.
AB - The context that leads to human rights treaties being drafted or adopted has garnered much attention, especially concerning the developments in the 1970s. However, the link to the content of those human rights treaties is often missing in the analysis. In addition, less attention has been paid to one of the major developments at the time: The adoption of the African Charter on Human and Peoples’ Rights. The article engages with these gaps from the perspective of the drafting process of the African Charter, using the unique wording of article 7 to illustrate four significant political and historical factors that helped determine its content.
KW - African Charter on Human and Peoples' Rights
KW - Article 7
KW - Contextual approach
KW - Drafting history
KW - Right to a fair trial
KW - Right to remedies
UR - https://www.webofscience.com/api/gateway?GWVersion=2&SrcApp=ceuapplication2024&SrcAuth=WosAPI&KeyUT=WOS:000736952000003&DestLinkType=FullRecord&DestApp=WOS_CPL
U2 - 10.1163/15718050-12340173
DO - 10.1163/15718050-12340173
M3 - Article
SN - 1388-199X
VL - 23
SP - 556
EP - 589
JO - Journal of the History of International Law
JF - Journal of the History of International Law
IS - 4
ER -