La Dichiarazione universale dei diritti umani nella prassi della Commissione africana e nella giurisprudenza della Corte africana dei diritti umani e dei popoli

The Universal Declaration of Human Rights in the Practice of the African Commission and in the Case Law of the African Court on Human and Peoples’ Rights. – This chapter contributes to the debate between universalism and cultural relativism in international human rights law. In particular, it shows the predominance of cultural relativism in the African Human Rights System. In order to reach such outcome, the chapter assesses the scarce significance of the Universal Declaration of Human Rights – that is the main symbol of the universalist approach to international human rights law – in the African Human Rights System. First, the Universal Declaration is barely considered in the African Charter on Human and Peoples’ Rights, protecting (on the contrary) the African cultural traditions, sometimes even to the detriment of certain “universal” human rights. Second, the Universal Declaration has a marginal position in the practice of the African Commission on Human and Peoples’ Rights, notwithstanding the relevant reference in Art. 60 of the African Charter concerning the law from which the Commission shall draw inspiration. Third, the Universal Declaration has a very limited role also in the case law of the African Court on Human and Peoples’ Rights, although the Court has a broad ratione materiae competence and claimants report very often about alleged violations of the Universal Declaration by States. In a nutshell, it is submitted that the cultural relativism of the African Charter has remained unchallenged, and has been even enhanced in the practice of the African Commission and in the case law of the African Court, where the Universal Declaration has thus found little space.