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Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system?
Prepared under the supervision of Prof. Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2006
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| _version_ | 1867613503464931328 |
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| access_status_str | Open Access |
| author2 | Cistac, Gilles |
| author_browse | Cistac, Gilles |
| author_facet | Cistac, Gilles |
| collection | Thesis |
| dc_rights_str_mv | Centre for Human Rights, Law Faculty, University of Pretoria |
| description | Prepared under the supervision of Prof. Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/1228 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:11.117Z |
| 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:2263/1228 Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system? Cistac, Gilles Rubasha, Herbert Margin of appreciation Doctrine of margin of appreciation Diversity European Court of Human Rights Europe African human rights system African Commission on Human and Peoples' Rights Garreth Anver Prince v South Africa Human rights cases Africa UCTD Prepared under the supervision of Prof. Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. "The purpose of this study is to interrogate the doctrine of margin of appreciation as applied in the European Court of Human Rights and establish amenable lessos to the African human rights system. As such, the author will be able to draw appropriate and informed recommendations on the prospects of the doctrine in African context. In other words, the study proceeds from the approach that 'diversity' alone is not enough to guarantee application of margin of appreciation. Rather, a variety of factors come into consideration while weighing whether margin of appreciation should be granted to states. Indeed, such benchmarks will inform the discourse of this study, while at the same time acknowledging that a comparative study between European and African systems cannot be possible. The premise for disqualifying a comparison assumes that margin of appreciation presupposes a democratic society. Thus, while the member states of the ECHR have attained high levels of human rights records, some of their counterparts in Africa are still marred by embarrassing human rights records." -- Preamble. "Chapter one introduces the study and the context in which it is set. It highlights the basis and structure of the study. Chapter two makes reference to the connotation, origin and development of the doctrine of margin of appreciation. It discusses also contours and varying degrees of the doctrine's application with particular regard to respect of the rule of law. In addition, difficulties linked to the doctrine are highlighted. Chapter three highlights policy grounds underlying margin of appreciation in the European Court of Human Rights. It starts from most decisive policy grounds and moves to weaker ones. Chapter four examines the legal basis for application of the doctrine of margin of appreciation under the African Charter. It further notes the attitude of African states through their submissions claiming margin. The Prince case as the first of its kind to invoke margin of appreciation is discussed. Chapter five attempts to identify the defensibility and indefensibility of the doctrine in [the] African human rights system. Chapter six consists of a summary of the presentation and the conclusions drawn from the entire study." -- Introduction. http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html Centre for Human Rights LLM 2006-12-04T09:20:16Z 2006-12-04T09:20:16Z 2006-10 2006 Mini Dissertation Rubasha, H 2006, Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system?, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/1228> http://hdl.handle.net/2263/1228 en LLM Dissertations 2006(23) Centre for Human Rights, Law Faculty, University of Pretoria 390174 bytes application/pdf application/pdf University of Pretoria |
| spellingShingle | Margin of appreciation Doctrine of margin of appreciation Diversity European Court of Human Rights Europe African human rights system African Commission on Human and Peoples' Rights Garreth Anver Prince v South Africa Human rights cases Africa UCTD Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system? |
| title | Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system? |
| title_full | Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system? |
| title_fullStr | Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system? |
| title_full_unstemmed | Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system? |
| title_short | Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system? |
| title_sort | appreciating diversity is the doctrine of margin of appreciation as applied in the european court of human rights relevant in the african human rights system |
| topic | Margin of appreciation Doctrine of margin of appreciation Diversity European Court of Human Rights Europe African human rights system African Commission on Human and Peoples' Rights Garreth Anver Prince v South Africa Human rights cases Africa UCTD |
| url | http://hdl.handle.net/2263/1228 |