Talk:Public International Law/Human Rights Law/Human Rights Protection/African Human Rights System

Review: 9 June 2023
Dear Mando,

Thanks also from my side for this great chapter. I also added only minor suggestions. One thing that should be clarified earlier on, i.e. probably right at the beginning of the Commission section, is the relationship between the Commission and the Court. Furthermore, the conclusions are still missing.

Best, Raffaela --Raffaela Kunz (discuss • contribs) 08:12, 9 June 2023 (UTC)

Review: 5 June 2023
Dear Mando,

thank you for this fantastic chapter! I have added some minor suggestions to the text as comments and corrected some typos etc. Please make sure you adhere to the styleguide when revising the chapter.

Warmly, Sué

Review: May 26, 2023
Your chapter provides consistent, and systematic overview of the emergence of the African human rights system, the key treaties involved, and the mechanisms for dispute resolution. I found your chapter to be incredibly informative and engaging. The historical context and evolution of the system were well-explained, enabling students to understand the origins and influences that have shaped it. By delving into the key treaties and instruments, you provided students with a clear understanding of the legal framework underpinning the African human rights system. Your use of illustrative cases to demonstrate the concepts and the role of (quasi-)judicial bodies was truly commendable.Your chapter is written in a clear and accessible manner, making it easy for students to comprehend complex legal concepts.

I believe that the discussion of claw back clauses does not fit well within the "Recurring Themes" chapter. Instead, it would be more appropriate to include this topic in the chapter dedicated to the African system. As you mentioned, claw back clauses are not relevant in the other systems (Europe, America, Asia) or are modified in the case of the Arab/Islamic system. Therefore, I kindly suggest that you consider including the discussion of claw back clauses in the chapter on the African system and referring to this in your chapter on the Arab/Islamic human rights system.

You will also find some comments in your chapter in which I elaborate on something more specific. To view these comments, open your chapter page and click "Edit" in the top-right menu bar.

Some minor things:
 * There are some issues with the formatting of the footnotes, which are not always consistent with the OSCOLA citation style. To ensure the chapter is fully compliant with OSCOLA, you should review the formatting of the footnotes and make the necessary corrections.
 * You could add some links to other chapters of the textbook.
 * Note that I have made some linguistic improvements to the text

--Max Milas (discuss • contribs) 07:25, 26 May 2023 (UTC)

Review: Marko
An excellent outline of the African Human Rights System, taking into account also the sub-regional systems.

In terms of the SADC Tribunal, it may be worth noting that despite its abolishment, South Africa has seemingly revoked its decision which contributed to its abolishment, following a domestic court case ruling against the then President's particpation in the abolishment process (https://www.lssa.org.za/wp-content/uploads/2019/11/Law-Society-of-South-Africa-and-Others-v-President-of-the.pdf). A similar position was held by a Tanzanian domestic court (https://www.tralac.org/documents/blogs/2907-tls-v-ministry-of-foreign-affairs-and-international-cooperation-ag-misc-civil-cause-no-23-of-2014-2019-judgment-4-june-2019/file.html).

In addition, the revised Protocol of 2014 has yet to enter into force; the Tribunal therefore remains 'suspended.'

Dr Marko Svicevic (discuss • contribs) 08:14, 31 August 2021 (UTC)


 * Thanks, Marco! A good point; I was not aware of this. I will try to incorporate it (subject to word limitation constraints). MandoRachovitsa (discuss • contribs) 15:22, 2 September 2021 (UTC)

Review: Verena
Dear Mando,

I really enjoyed reading your chapter on the African Human Rights System! I have corrected very few typos etc. directly in the text. All other suggestions are either underlined or can be found in separate comments. I am an excessive commentator which has nothing to say about the (very high) quality of the text. I hope you find at least some of them helpful for further revision. I was impressed by the comparatively thorough presentation of the system within the word count restraints. Furthermore, I really liked the examples you have chosen, e.g. with regard to interesting case-law. As an environmental lawyer, I would definitely like to see one or two references regarding Art. 24 ACHPR (see separate comments). You have done a great work in already including many links/cross-references. Providing further links as well as citing concrete norms in the text would be helpful for students and other readers. I am really looking forward to returning to the text which is already very close to a final version.

All the best,

Verena Kahl

Review: Max
Dear Mando,

I can only agree with the previous speakers: this is a really great, comprehensive and instructive chapter. I had a lot of fun reading it and learned a lot. Thank you very much for your effort! I have left a few comments in the text. Additionally, I can second Verena's comments.

I have one general feedback: it would be great if you could "bolded" the most important words in the paragraphs. Also, you can think about integrating "advanced" content and "examples". How to do this is described here: https://en.wikibooks.org/wiki/Wikibooks:WikiProject_OpenRewi_-_Open_Legal_Science/Writing

Best regards Max --Max Milas (discuss • contribs) 13:14, 8 December 2021 (UTC)


 * Done, Max! And I have made some furhter changes. Mando Rachovitsa (discuss • contribs) 05:58, 3 January 2022 (UTC)

Review: Annalisa
It is a very interesting and well written chapter, for the improvement of which I have very little to add or suggest. Perhaps one point that could be stressed is the uniqueness of the Maputo Protocol, which does not only address violence against women, harmful traditional practices, child marriage, polygamy, etc., but contains many first:


 * sexual and reproductive rights.
 * innovative provisions that advance women’s rights further than any existing legally binding international treaty: e.g. the legal prohibition of female genital mutilation is prescribed as well as the authorisation of abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the mother or the life of the mother or the foetus.
 * Furthermore, the Protocol is the first international human rights treaty to explicitly refer to HIV/AIDS, in this case, in the context of sexual and reproductive health rights.

Annalisa Ciampi, 2022-05-03