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Abstract


AFRİKA İNSAN HAKLARI SİSTEMİNİN BETİMSEL ANALİZİ
The glass of African human right system has too often been seen as half-empty rather than as half-full. Just as almost every commentator on the workings of the European human rights system has praised it in superlative terms, almost every commentator has described the African system as weak and Ineffectual. It has been subjected to much criticism for the vague language in which the various rights have been couched, the over-broad claw-back clauses, the inclusion of non-traditional peoples' right and for the weak, politically controlled mechanisms provided for its enforcement. Be that at it may, the African human right system has its own strong side. It can be viewed as an endorsement of the idea of interdependence and indivisibility of the various kinds of rights, which are traditionally classified into discrete groups and viewed as having their own character and enforcement potential. African Charter on Human and Peoples' Right is the only regional human rights instrument to incorporate third generation rights (rights of solidarity). Unlike all regional and international human right instruments, it does not provide a general derogation clause. This paper provides a descriptive overview of African human right system along with its weakness and strengths. The paper thus attempts to cover a wider spectrum of issues, and its purpose is not to discuss each issue in detail, but to forward an overview and offer some insights on the African Human Right system.

Keywords
Africa, ACHPR, ACHPRC, protection and enforcement mechanism


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