During this lecture, Trésor Muhindo Makunya, Associate Professor, University of Goma and an expert on the African human rights system, presents his paper in which he raises the question whether the way the Benin Constitutional Court invokes and applies the African Charter on Human and Peoples’ Rights (African Charter) provides good prospects for improving the quality of the judicial protection of human rights. The Benin Constitution is the only African constitution to explicitly incorporate/constitutionalise the African Charter thus raising expectations that the Benin Constitutional Court (BCC) would leverage this continental emancipatory legal instrument to expunge human rights unfriendly legal norms from the Benin legal system. The functional and ideological proximity between the Court, on the one hand, and the African Commission and African Court on Human and Peoples’ Rights as continental bodies tasked with adjudicating human rights petitions, on the other, made also possible for the BCC to engage with them through a jurisprudential dialogue aimed to improve the quality of human rights protection in Benin. However, looking at the practice of invoking and applying the African Charter in the jurisprudence of the BCC, the latter has not fully utilised the African Charter so it could assist the Court in expunging critical human rights-unfriendly legislation, practices and behaviours. Its relationship with the African Court has also been characterised with jurisprudential backlashes as the BCC has resisted yielding to the African Court’s interpretive authority over the Charter. This poses serious challenges to the consolidation of an anti-authoritarian regional/constitutional justice and casts doubt on the ability of national and regional constitutional justice mechanisms to work in unison to counter what may appear as the emergence of illiberal constitutional practices and norms.
Datum:
donderdag 12 februari 2026
Tijd:
van 14:00 tot 15:30 uur
Locatie:
online