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African Human Rights CLA 2.0
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معلومات
103العلاقات

ECW CCJ JUD 17 19

ECOWAS Court

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2 JUDGMENT2
PARTIES2
SUMMARY OF PLEAS IN LAW OF THE APPLICANT4
RIGHT TO FAIR HEARING AND ADMINISTRATIVE JUSTICE4
RELIEFS SOUGHT7
RESPONDENTS CASE9
THE RIGHT TO A FAIR HEARING12
The RIGHT TO PRIVACY12
RELIEF SOUGHT BY THE RESPONDENT.13
THE ANALYSIS OF THE COURT.13
ISSUES FOR DETERMINATION13
Exceptions to the Right to privacy23
DECISION:34

ECW CCJ JUD 17 19

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/42/16

ECCJ Jud No.: ECW/CCJ/JUD/17/19

Type of Document

Judgement

Keywords

Damages and Compensation
Discrimination
Equality
Immunity / Privileges (Diplomatic, Presidential, Parliamentary, etc)
Impeachment
Protection of Privacy
Reparations / Remedies
Right to be Heard
Right to Equality Before the Law
Right to Fair Trial
Right to Privacy
Right to Property
Right to Work
Workers' Rights

Country

Ghana

Outcome: Case Dismissed

Year Decided: 29 أبريل 2019

African Charter Rights Alleged to be Violated

ACHPR 15 : Right to Work
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law 2
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

African Charter Rights Not Violated

ACHPR 15 : Right to Work
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law 2
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Duration of Procedure: ~ 29 أبريل 2019

Country Geolocation

خط العرض: 7.946527

خط الطول: -1.023194

Country Geolocation (مرتبط ECOWAS Court): Ghana

المستندات الأولية

ECW_CCJ_JUD_17_19.pdf
English
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تحميل عرض

2. Universal Declaration of Human Rights

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

UN Document

ICCPR

UN Document

Banjul charter

Treaty

2. Universal Declaration of Human Rights

Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

UN Document

Banjul charter

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

ICCPR

Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

UN Document

2. Universal Declaration of Human Rights

UN Document

ICCPR

UN Document

Banjul charter

Treaty

2. Universal Declaration of Human Rights

Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

UN Document

ICCPR

UN Document

ICCPR

UN Document

ICCPR

2. Everyone has the right to the protection of the law against such interference or attacks.

UN Document

2. Universal Declaration of Human Rights

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

UN Document

ICESCR

Article 6 1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. 2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

UN Document

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

ICESCR

UN Document

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

ICCPR

UN Document

2. Universal Declaration of Human Rights

UN Document

ICESCR

UN Document

Banjul charter

Treaty

2. Universal Declaration of Human Rights

UN Document

ICCPR

2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

UN Document

ICCPR

UN Document

Banjul charter

Treaty

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

UN Document

ICCPR

UN Document

ICCPR

Article 21. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, suchas race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in anofficial capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of theState, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.

UN Document

ICCPR

UN Document

Banjul charter

Treaty

2. Universal Declaration of Human Rights

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests.

UN Document

ICESCR

UN Document

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

2. Universal Declaration of Human Rights

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

UN Document

ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay;

UN Document

2. Universal Declaration of Human Rights

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

Article 29 1. Everyone has duties to the community in which alone the free and full development of his personality is possible. 2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

UN Document

ECW CCJ JUG 03 11 BAKARY SARRE et 28 autres v REPUBLIQUE DU MALI

ECOWAS Court

Ecowas alade judgment 20120611

ECOWAS Court

ECW CCJ JUD 03 05 Jerry Ugokwe v. Nigeria

ECOWAS Court

Supplementary protocol

d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”

Treaty

Supplementary protocol

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

ECW CCJ JUD 07 10 The Registered Trustees of the Socio economic and Accountability...

ECOWAS Court

Banjul charter

Article 171. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3.The promotion and protection of morals and traditional values recognized by the 6community shall be the duty of the State.

Treaty

Banjul charter

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

Banjul charter

Article 211. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 72. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation. 3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.4. States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity. 5. States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources. Article 221. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.

Treaty

Supplementary protocol

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

ICESCR

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

ECW CCJ JUD 19 17

ECOWAS Court

ECW CCJ JUG 03 11 BAKARY SARRE et 28 autres v REPUBLIQUE DU MALI

ECOWAS Court

EL HADJ TIDJANI ABOUBACAR v LA BANQUE CENTRALE DES ETATS DE L'AFRIQUE DE L'OUEST et L ETAT DU NIGER

ECOWAS Court

Banjul charter

Treaty

2. Universal Declaration of Human Rights

UN Document

ICCPR

UN Document

Banjul charter

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender. Article 8

Treaty

2. Universal Declaration of Human Rights

UN Document

ICCPR

Article 171. No one shallbe subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks. Article 181. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in publicor private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

UN Document

2. Universal Declaration of Human Rights

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

UN Document

European Convention on Human Rights

ARTICLE 8Right to respect for private and family life1. Everyone has the right to respect for his private and family life, his home and his correspondence.2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others

Treaty

European Convention on Human Rights

ARTICLE 11Freedom of assembly and association1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

Treaty

ECW CCJ JUD 05 09 The National Co ordinating Group of Departmental Representatives of...

ECOWAS Court

JUD ECW CCJ JUD 01 14 PTE Alimu Akeem v. Fed Rep of NIGERIA 28 01 14 vA

ECOWAS Court

JUD ECW CCJ JUD 04 13 Messrs Abdoulaye Baldé v. Rep of SENEGAL 22 02 13 vA

ECOWAS Court

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ECOWAS Court

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ECOWAS Court

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ECOWAS Court

ICESCR

UN Document

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Achpreo6 284 03 eng

Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

ICCPR

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

UN Document

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ECOWAS Court

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ECOWAS Court

006 2012 African Commission on Human and Peoples’ Rights v the Republic of Kenya

AfCHPR Ruling

لا تسمية3
- ECOWAS Court3
Treaties and softlaw only81
- UN Document59
- Treaty22
International cases/decisions18
- ECOWAS Court15
- Document1
- AfCHPR Ruling1
- UN Document1
Geolocation1
- Countries geolocation1

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
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