Advancing protection for the rights of women and children in Mali: the ruling of the african court of human and peoples’ rights against the provisions of the family code

The paper aims at highlighting the main contents and features of the decision Association pour le Progrèset la Défense des Droits des Femmes Maliennes et al v.Republic of Mali of the African Court on Human and Peoples’ Rights. The two NGOs asked the Court on the basis of the non-compliance of the Family Code with international human rights standards, requesting the Court for eliminating those provisions which created prejudice towards women and children.The alleged violation concerned the establishment of the minimum age for girls’ marriage at 16, the right to consent to marriage, the right to inheritance for women and children born out of wedlock and the continuation of practices or traditions harmful towards women and children.The Republic of Mali contested each allegation and raised a series of preliminary objections, which were discarded by the Court. The State, in order to justify the promulgation of the Family Code, claimed that it was forced to adopt this law due to ‘force majeure’.It claimed that the adoption of theprevious Family Code in 2009, which was considered more legally advanced, caused protests and social unrest of Islamic movements which did not agree with some provisions considered not aligned with their customary laws and traditions.The Court ascertained that such violations constituted a serious breach of the international human rights law treaties ratified by the Republic of Mali and that the State had to amend its legislation respecting the obligation related to the respect of the rights of women, girls and children

Niger delta people vs. Nigeria: a missed occasion before the ECOWAS court of justice

The aim of this paper is to analyse the main contents of the decision Osaghae et al. v Nigeria who applied to the Economic Community of West African States (ECOWAS) Court of justice. The case is relevant because it aims at seeking justice for the serious violations of human rights in Nigeria related to the environmental degradation caused by the unethical exploitation of resources by oil companies. The Plaintiffs alleged the violations of several of their human rights enshrined in international legal instrument which regarded, amongst others, equality, right to self-determination, right to economic, social and cultural development and the right to a general and satisfactory environment. Even though the case was dismissed by the Court because of the lack of locus standi of the Plaintiffs, since they aimed at representing the whole population of Niger Delta People, and the insufficient proofs attached, we consider this application relevant because it brings back to our attention how the situation in Niger Deltais still characterized by numerous violations of human rights committed by national and multinational oil companies. Also, we consider it important since it seeks justice and respect for the human right to a healthy environment

The ECOWAS Court condemns the Republic of Togo for arbitrary detention

The Decision of the ECOWAS Court of Justice in Parounam vs Togoconcerns the violations of two important human rights contained in the African Charter on Human and People’s rights and in the International Covenant on Civil and Political Rights (ICCPR) of 1966. The violations in question are the right to freedom from cruel, inhuman or degrading treatment or punishment and the right to due process concerning arrest and detention.The Court’s decision to condemn the State for arbitrary detention becomes even more relevant in a country where such violations have been frequent and systematic, especially those related to political prosecution. It is important then, for individuals, to have the possibility to bring a matter before an international Court which has the legal means to assure them effective justice where the Statefails to guarantee a full respect for human right

The forced eviction of the Ogieksindigenous people from their ancestral land in Kenya: the intervention of the African Court on Human and Peoples’Rights

The Application and the African Court’s judgement issued on 26 May 20171are in respect of the Ogieks, a historically disadvantaged indigenous community of the Mau forest, which in 2009 have been victim of an eviction and forced relocation perpetrated by the Republic of Kenya. The eviction act came as the last of a series of other similar actions undertaken by the Government since the colonialism period, as well as the lack of legal recognition of the Ogieks as indigenous group. Given the very close relationship between the Ogieks and their ancestral territories, the eviction resulted in a substantial violation of both their basic human right as to live in their homeland and to their cultural, religious, social and economic rights as indigenous people. These rights are protected under international human rights law instruments such as the UN Declaration on Indigenous People’s Rights and the African Charter of Indigenous People’s Right