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From Context to Content of Human Rights: The Drafting History of the African Charter on Human and Peoples' Rights and the Enigma of Article 7

  • University of Amsterdam
  • Free University of Berlin

Research output: Contribution to journalArticlepeer-review

Abstract (may include machine translation)

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.
Original languageEnglish
Pages (from-to)556-589
Number of pages34
JournalJournal of the History of International Law
Volume23
Issue number4
DOIs
StatePublished - 2020
Externally publishedYes

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • African Charter on Human and Peoples' Rights
  • Article 7
  • Contextual approach
  • Drafting history
  • Right to a fair trial
  • Right to remedies

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