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The open-door approach to locus standi by the African Commission on Human and Peoples' Rights in respect of its non-state complaints procedure: in need of reform?
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
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| Format: | Thesis |
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University of Pretoria
2006
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| _version_ | 1867613534256365568 |
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| access_status_str | Open Access |
| author2 | Matusse, Angelo |
| author_browse | Matusse, Angelo |
| author_facet | Matusse, Angelo |
| collection | Thesis |
| dc_rights_str_mv | Centre for Human Rights, Law Faculty, University of Pretoria |
| description | Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/1213 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:40.523Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2006 |
| publishDateRange | 2006 |
| publishDateSort | 2006 |
| 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:2263/1213 The open-door approach to locus standi by the African Commission on Human and Peoples' Rights in respect of its non-state complaints procedure: in need of reform? Matusse, Angelo Hamidu, Mariam UCTD Locus standi Legal standing Right to appear in court Human rights Non-state actors Non-governmental organisation (NGO) African Commission on Human and Peoples' Rights Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. Prepared under the supervision of Mr. Angelo Matusse at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mozambique "The question of locus standi regarding the non-state complaints procedure before the African Commission on Human and Peoples' Rights (the Commission) is a very flexibile one. Although the language of the African Charter on Human and Peoples' Rights (the Charter), the enabling powers and functions of the Commission, does not provide for such broad standing, the Commission has over its 20 years of operation, given broad interpretation to the question of standing by adopting the actio popularis doctrine. As a reslut the Commission has entertained communicatons from any person, group of persons or non-governmental organisation (NGOs), whether on their own behalf or on behalf of tothers. The location or nationality of such persons is also not a bar to standing. Consequently, the Commission has accepted communications from national NGOs operating in the country of the state party against whom the complaint is made, NGOs with a regaional focus, international NGOs, and non-African nationals. ... The study has five chapters. Chapter one introduces the study and the justification thereof. Chapter two explores the origin, nature and application of locus standi in domestic legal systems with particluar respect to private protection of public rights and human rights protection using Ghana, Mozambique and South Africa as case studies. Chapter three examines the standing requirements before other regional human rights protection systems namely the ECHR, and the IACHR as well as global human rights protection mechanisms throught the lens of the HRC, the CERD-Committee, the CAT-Committee and the CEDAW-Committee. Chapter four traces and assesses the development of the broad standing requirements before the Commission regarding its non-state communications procedure and the problems associated with them. And Chapter five presents the conclusions and recommendations of the study." -- Introduction. http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html Centre for Human Rights LLM 2006-11-30T11:36:21Z 2006-11-30T11:36:21Z 06-Oct 2006 Mini Dissertation Hamidu, M 2006, The open-door approach to locus standi by the African Commission on Human and Peoples' Rights in respect of its non-state complaints procedure: in need of reform?, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/1213> http://hdl.handle.net/2263/1213 en LLM Dissertations 2006(8) Centre for Human Rights, Law Faculty, University of Pretoria 344117 bytes application/pdf application/pdf University of Pretoria |
| spellingShingle | UCTD Locus standi Legal standing Right to appear in court Human rights Non-state actors Non-governmental organisation (NGO) African Commission on Human and Peoples' Rights The open-door approach to locus standi by the African Commission on Human and Peoples' Rights in respect of its non-state complaints procedure: in need of reform? |
| title | The open-door approach to locus standi by the African Commission on Human and Peoples' Rights in respect of its non-state complaints procedure: in need of reform? |
| title_full | The open-door approach to locus standi by the African Commission on Human and Peoples' Rights in respect of its non-state complaints procedure: in need of reform? |
| title_fullStr | The open-door approach to locus standi by the African Commission on Human and Peoples' Rights in respect of its non-state complaints procedure: in need of reform? |
| title_full_unstemmed | The open-door approach to locus standi by the African Commission on Human and Peoples' Rights in respect of its non-state complaints procedure: in need of reform? |
| title_short | The open-door approach to locus standi by the African Commission on Human and Peoples' Rights in respect of its non-state complaints procedure: in need of reform? |
| title_sort | open door approach to locus standi by the african commission on human and peoples rights in respect of its non state complaints procedure in need of reform |
| topic | UCTD Locus standi Legal standing Right to appear in court Human rights Non-state actors Non-governmental organisation (NGO) African Commission on Human and Peoples' Rights |
| url | http://hdl.handle.net/2263/1213 |