아프리카의 인권보장 체계와 인권재판소에 관한 연구 -Hissene Habre 사건을 중심으로-
A Study on the System of Human Rights Protection and the Court of Human Rights in Africa -with priority given to the case of Hissene Habre-
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There are two different regional conventions on human rights that are put into force by different agencies. One is the European Convention on Human Rights, and the other is the American Convention on Human Rights. The details of the conventions and how to enforce them have continued to develop since their initial stages, and a related judicial system called the court of human rights has been instituted as well. There also is such a system of human rights protection in Africa. To guarantee human rights, a protocol named Banjul Charter was adopted in this area, and a court was installed according to that. The purpose of this study was to examine the current situations of the regional African Convention on Human Rights and a related case in an effort to shed light on the future prospects of the convention from a perspective of regional human rights. It's specifically meant to offer an overview of the progress of the African system of human rights protection, and then a selected case of the African court of human rights was analyzed to see if there would be anything wrong with the regional system. The selected case was a genocide by Hissene Habre, the former president of Chad who were living in political exile in Senegal. This case makes it possible to assess the effectiveness of the African system of human rights protection. Therefore the case was analyzed to determine what human rights really meant in this region and the actual effects of related measures from a standpoint of international human rights, and then the judgments of the African Court of Human Rights were analyzed. Finally, the relationships between individual petition procedure and judiciary proceedings in Banjul Charter and between eligibility rules for petition in the African Court of Human Rights and agreement from the related nation were analyzed.
Abstract
There are two different regional conventions on human rights that are put into force by different agencies. One is the European Convention on Human Rights, and the other is the American Convention on Human Rights. The details of the conventions and how to enforce them have continued to develop since their initial stages, and a related judicial system called the court of human rights has been instituted as well. There also is such a system of human rights protection in Africa. To guarantee human rights, a protocol named Banjul Charter was adopted in this area, and a court was installed according to that. The purpose of this study was to examine the current situations of the regional African Convention on Human Rights and a related case in an effort to shed light on the future prospects of the convention from a perspective of regional human rights. It's specifically meant to offer an overview of the progress of the African system of human rights protection, and then a selected case of the African court of human rights was analyzed to see if there would be anything wrong with the regional system. The selected case was a genocide by Hissene Habre, the former president of Chad who were living in political exile in Senegal. This case makes it possible to assess the effectiveness of the African system of human rights protection. Therefore the case was analyzed to determine what human rights really meant in this region and the actual effects of related measures from a standpoint of international human rights, and then the judgments of the African Court of Human Rights were analyzed. Finally, the relationships between individual petition procedure and judiciary proceedings in Banjul Charter and between eligibility rules for petition in the African Court of Human Rights and agreement from the related nation were analyzed.
참고문헌 (19)
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