Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
2.1.1 The undertakings of the States parties
The States parties to the Charter “shall recognize the rights, duties and
freedoms enshrined [therein] and shall undertake to adopt legislative or other measures
to give effect to them” (art. 1).
It is further provided that they “shall have the duty to promote and ensure
through teaching, education and publication, the respect of the rights and freedoms
contained in the present Charter, and to see to it that these freedoms and rights as well
as corresponding obligations and duties are understood” (art. 25). Moreover, the States
parties “shall have the duty to guarantee the independence of the Courts and shall allow
the establishment and improvement of appropriate national institutions entrusted with
the promotion and protection of the rights and freedoms guaranteed by the ... Charter”
(art. 26). These two latter provisions thus emphasize the need for education,
information and an independent administration of justice in order to ensure the
effective protection of human rights.
Lastly, several provisions of the Charter are also couched in the form of duties
of the States parties to ensure certain rights, such as, for instance, the “promotion and
protection of morals and traditional values recognized by the community”(art. 17(3))
and the right to development (art. 22(2)).
2.1.2 The individual and collective rights recognized
The African Charter on Human and Peoples’ Rights recognizes the following
civil, political, economic, social and cultural rights of individual human beings, in
particular:
v the right to freedom from discrimination on any grounds in the enjoyment of the
rights and freedoms guaranteed in the Charter – art. 2;
v the right to equality before the law and to equal protection of the law – art. 3;
v the right to respect for one’s life and personal integrity – art. 4;
v the right to respect for one’s inherent dignity as a human being, including freedom
from slavery, the slave trade, torture, cruel, inhuman or degrading punishment and
treatment – art. 5;
v the right to liberty and to the security of one’s person; freedom from arbitrary arrest
or detention – art. 6;
v the right to have one’s cause heard, and “the right to an appeal to competent
national organs against acts of violating” one’s human rights; the right to be
presumed innocent until proved guilty by a competent court or tribunal; the right to
defence; and the right to be tried within a reasonable time by an impartial tribunal;
freedom from ex post facto laws – art. 7;
v freedom of conscience, the profession and free practice of religion – art. 8;
v the right to receive information and the right to express and disseminate one’s
opinions “within the law” – art. 9;
v the right to freedom of association (art. 10) and the right to assemble freely with
others – art. 11;
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