Venti anni di attività contenziosa della Corte africana dei diritti dell’uomo e dei popoli, tra sfide attuali e persistenti tensioni originarie

Abstract

This article analyses the contentious jurisdiction of the African Court on Human and Peoples’ Rights twenty years after its inception, highlighting the tension between its growing judicial assertiveness and persistent State resistance. While the Court has developed a significant body of case law, its effectiveness is undermined by limited access, withdrawals of Article 34- 6 declarations, and widespread non-compliance. It argues that these challenges reflect broader structural weaknesses of the regional system, while calling for strengthened institutional cooperation – particularly with the African Commission – and improved access mechanisms to enhance the overall effectiveness of human rights protection in Africa.

Keywords: African Court on Human and Peoples’ Rights; Contentious jurisdiction; State non-compliance; Withdrawals of Article 34-6 declarations; Access to African Court.