ABSTRACT

This chapter aims at providing some insight into the impact or influence of the African regional system through measures taken by state parties. Little research has been undertaken about the direct impact of the African human rights system. The assessment of the indirect impact of the African human rights system is limited to aspects of the legal system. In theory, the Charter forms an automatic part of the domestic law of ‘monist’ states upon its ratification and official publication. One of the most visible traces of the influence of the Protocol on the domestic law of state parties is the adoption of legislation pertaining to domestic violence against women. The legal and political aspects of the Commission’s mandate remain linked and mutually supportive to enhance the domestic impact of the African regional human rights system. The indirect impact or influence of the African Charter and Women’s Protocol is traced in respect of constitution-making, legislation and court judgments.