Evidence at the African Court on Human and Peoples’ Rights: the case for an equitable applicant-centred approach as a pathway to substantively fairer decisions

Korte beschrijving

This thesis examines the evidentiary practices at the African Court on Human and Peoples’ Rights. Based on a critical analysis of case law, interview data and relevant literature, its main proposition is that the African Court is gradually abandoning its initial preference for a flexible, applicant-centred approach in favour of an equal balancing of applicants’ and States’ interests in its consideration of evidence. The negative consequences of this shift include a less accessible African Court, more decisions that are substantively unfair as a result of the Court’s formalistic attempt at neutrality while considering evidence, and inconsistencies in case law. To address these negative developments, the study argues for the application of an equitable applicant-centred approach to evidence that would be responsive to the evidentiary difficulties faced by most individual applicants and unique socio-legal realities in Africa that hinder presentation of required evidence.