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Signed: Augustmo S. L. Ramadhani, President Elsie N Thompson, Vice President Gerard Niyungeko, Judge Duncan Tambala, Judge Sylvain ORE, Judge El Hadji GUISSE, Judge Ben KIOKO , Judge ; and Robert ENO, Registrar 31

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Observa tions submitted by States and other entities14

Advisory Opinion no 002 2013

Decisão do Tribunal Africano

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Tipo de Documento

Opinião Consultiva

Palavras-Chave

Relação entre os Mecanismos da UA

Estado

Órgão da União Africana

Resultado

Decidiu sobre os Méritos

Data da Decisão: 5 de dez. de 2014

Duração do Procedimento: 25 de nov. de 2013 ~ 5 de dez. de 2014

Primary Documents

002-2013 Request for Advisory Opinion by the ACERWC on the Stading of the ACERWC before the AfCHPR - Advisory Opinion.pdf
English
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Rules of Court {African Court on Human and People's Rights}

Rule 68Request for Advisory Opinion1. Requests for advisory opinions pursuant to article 4 of the Protocol maybe filed with the Court by a Member State, by the African Union, by anyorgan of the African Union or by an African Organization recognized by theAfrican Union. The request shall be on legal matters and shall state withprecision the specific questions on which the opinion of the Court is beingsought. 412. Any request for advisory opinion shall specify the provisions of theCharter or of any other international human rights instrument in respect ofwhich the advisory opinion is being sought, the circumstances giving rise tothe request as well as the names and addresses of the representatives of theentities making the request.3. The subject matter of the request for advisory opinion shall not relate to an application pending before the Commission.

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Rules of Court {African Court on Human and People's Rights}

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3. African Charter on the Rights and Welfare of the Child

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3. African Charter on the Rights and Welfare of the Child

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Rules of Court {African Court on Human and People's Rights}

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Rules of Court {African Court on Human and People's Rights}

Rule 33Access to the Court1. Pursuant to the provisions of articles 5 and 34 (6) of the Protocol, thefollowing are entitled to submit cases to the Court:a. The Commission;b. The State Party which has lodged an application to theCommission;c. The State Party against which an application has been lodgedat the Commission;d. The State Party whose citizen is a victim of a human rightsviolation;e. An African Intergovernmental Organization;

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Article 3 JURISDICTION 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

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Rules of Court {African Court on Human and People's Rights}

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Rules of Court {African Court on Human and People's Rights}

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3. African Charter on the Rights and Welfare of the Child

ARTICLE 4: BEST INTERESTS OF THE CHILD1. In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration.

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3. African Charter on the Rights and Welfare of the Child

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3. African Charter on the Rights and Welfare of the Child

ARTICLE 42: MANDATE The functions of the Committee shall be:(a) To promote and protect the rights enshrined in this Charter and in particular to:(i) collect and document information, commission inter-disciplinary assessment of situations on African problems in the fields of the rights and welfare of the child, organize meetings, encourage national and local institutions concerned with the rights and welfare of the child, and where necessary give its views and make recommendations to Governments;(ii) formulate and lay down principles and rules aimed at protecting the rights and welfare of children in Africa;(iii) cooperate with other African, international and regional Institutions and organizations concerned with the promotion and protection of the rights and welfare of the child.(b) To monitor the implementation and ensure protection of the rights enshrined in this Charter.(c) To interpret the provisions of the present Charter at the request of a State Party, an Institution of the Organization of African Unity or any other person or Institution recognized by the Organization of African Unity, or any State Party.(d) Perform such other task as may be entrusted to it by the Assembly of Heads of State and Government, Secretary-General of the OAU and any other organs of the OAU or the United Nations

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1969 Vienna Convention on the Law of Treaties

Article 31, GENERAL RULE OF INTERPRETATION1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose

Documento das Nações Unidas

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Rules of Court {African Court on Human and People's Rights}

Rule 69Transmission of Request for Advisory OpinionSubsequent to the receipt of a request for advisory opinion, the Registrarshall transmit copies thereof to Member States, the Commission and to anyother interested entity.

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Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rule 70Written Submissions1. The Court shall establish the time limit for the filing of writtensubmissions by States Parties and by any other interested entity.2. Any other States Parties may submit written submissions on any of theissues raised in the request. Any other interested entity may be authorizedby the Court to do the same.

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Rules of Court {African Court on Human and People's Rights}

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Rules of Court {African Court on Human and People's Rights}

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Article 4 ADVISORY OPINIONS1. At the request of a Member State of the OAU, the OAU, any of its organs, or any African organization recognized by the OAU, the Court may provide an opinion on any legal matter relating to the Charter or any other relevant human rights instruments, provided that the subject matter of the opinion is not related to a matter being examined by the Commission. 2. The Court shall give reasons for its advisory opinions provided that every judge shall be entitled to deliver a separate of dissenting decision.Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

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Rules of Court {African Court on Human and People's Rights}

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Rules of Court {African Court on Human and People's Rights}

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Rules of Court {African Court on Human and People's Rights}

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3. African Charter on the Rights and Welfare of the Child

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3. African Charter on the Rights and Welfare of the Child

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Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

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1969 Vienna Convention on the Law of Treaties

Documento das Nações Unidas

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3. African Charter on the Rights and Welfare of the Child

ARTICLE 32: THE COMMITTEEAn African Committee of Experts on the Rights and Welfare of the Child hereinafter called `the Committee’ shall be established within the Organization of African Unity to promote and protect the rights and welfare of the child.ARTICLE 33: COMPOSITION1. The Committee shall consist of 11 members of high moral standing, integrity, impartiality and competence in matters of the rights and welfare of the child. 2. The members of the Committee shall serve in their personal capacity.3. The Committee shall not include more than one national of the same State

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3. African Charter on the Rights and Welfare of the Child

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3. African Charter on the Rights and Welfare of the Child

ARTICLE 4: BEST INTERESTS OF THE CHILD1. In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration.

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Article 30 EXECUTION OF JUDGMENTThe States Parties to the present Protocol undertake to comply with the judgment in any case to which they are parties within the time stipulated by the Court and to guarantee its execution.

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3. African Charter on the Rights and Welfare of the Child

ARTICLE 4: BEST INTERESTS OF THE CHILD1. In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration.

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Apenas tratados e lei leve86
- Tratado70
- Rules of Procedure14
- Documento das Nações Unidas2

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