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Exhaustion of local remedies in litigation before the African Committee of Experts on the Rights and Welfare of the Child
Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria,2025.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613462175154176 |
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| access_status_str | Open Access |
| author2 | Fokala, Elvis
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| author_browse | Fokala, Elvis
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| author_facet | Fokala, Elvis
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| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria,2025. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/106988 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:31.522Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/106988 Exhaustion of local remedies in litigation before the African Committee of Experts on the Rights and Welfare of the Child Fokala, Elvis Thiam, Allioune Badara fortunatechilenje18@gmail.com Chilenje F, Signed UCTD Sustainable Development Goals (SDGs) Exhaustion of local remedies Children’s rights African Commitee of Experts on the Rights and Welfare of the Child Admissibility of communications Best interests’ principle Direct access Economic Community of West African States Court of Justice Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria,2025. This mini-dissertation examines whether the application of exhaustion of local remedies (ELR) is suitable as an admissibility condition for children’s rights communications before the African Committee of Experts on the Rights and Welfare of the Child (ACERWC).Employing a doctrinal analysis, it examines all five communications that the ACERWC declared inadmissible on ELR grounds (2016–2022) and contrasts the ACERWC’s practice with that of the ECOWAS Community Court of Justice (ECCJ), which admits individual applications without requiring prior exhaustion of local remedies. The analysis finds that the ELR’s doctrinal justifications of sovereignty, subsidiarity and judicial economy are adult-centred and fail to account for children’s dependency, vulnerability and the time-sensitivity of rights violations such as education loss, illegal detention and child marriage. The five communications demonstrate that requiring ELR can hinder communications from being considered on their merits and leave children without meaningful remedies. Drawing on comparative practice and the best-interests principle, the study proposes that the ACERWC repeal ELR as an admissibility precondition for children’s communications. This will facilitate immediate direct access for communications raising children’s rights violations and encourage child-led litigation resulting in prompt protection of rights. The study concludes with practical recommendations for amending the ACERWC Communication Guidelines to repeal ELR as a condition of admissibility in children’s rights litigation and proposes further empirical research on post-dismissal outcomes. Centre for Human Rights LLM (Human Rights and Democratisation in Africa) Unrestricted Faculty of Laws SDG-04: Quality education SDG-05: Gender equality SDG-03: Good health and well-being 2025-11-28T11:05:03Z 2025-11-28T11:05:03Z 2025-12-10 2025-11-30 Mini Dissertation * D2025 http://hdl.handle.net/2263/106988 Disclaimer Letter en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Exhaustion of local remedies Children’s rights African Commitee of Experts on the Rights and Welfare of the Child Admissibility of communications Best interests’ principle Direct access Economic Community of West African States Court of Justice Exhaustion of local remedies in litigation before the African Committee of Experts on the Rights and Welfare of the Child |
| title | Exhaustion of local remedies in litigation before the African Committee of Experts on the Rights and Welfare of the Child |
| title_full | Exhaustion of local remedies in litigation before the African Committee of Experts on the Rights and Welfare of the Child |
| title_fullStr | Exhaustion of local remedies in litigation before the African Committee of Experts on the Rights and Welfare of the Child |
| title_full_unstemmed | Exhaustion of local remedies in litigation before the African Committee of Experts on the Rights and Welfare of the Child |
| title_short | Exhaustion of local remedies in litigation before the African Committee of Experts on the Rights and Welfare of the Child |
| title_sort | exhaustion of local remedies in litigation before the african committee of experts on the rights and welfare of the child |
| topic | UCTD Sustainable Development Goals (SDGs) Exhaustion of local remedies Children’s rights African Commitee of Experts on the Rights and Welfare of the Child Admissibility of communications Best interests’ principle Direct access Economic Community of West African States Court of Justice |
| url | http://hdl.handle.net/2263/106988 |