Abstract

JOURDAIN, Pierre. Non-pecuniary reparations in the practice of the African Court of Human and Peoples' Rights. AHRY [online]. 2023, vol.7, pp.116-136. ISSN 2663-323X.  http://dx.doi.org/10.29053/2523-1367/2023/v7a6.

This article is based on the observation that non-pecuniary reparations are of substantial importance in the protection of human rights, and that the African Court on Human and Peoples' Rights systematically addresses the issue - in one way or another - in its judgments. On the basis of this introductory observation, this article aims to analyse the Court's practice in this area through the prism of general international law in order to identify the aspects that are common to other international jurisdictions and those that are less so. From the functions that it gives to non-pecuniary reparation measures to the conditions that it imposes on their grant, the Court generally follows the concepts of the general law of international responsibility as regards non-pecuniary reparation, notwithstanding important specificities in the informative role that it confers on satisfaction and the way in which it sometimes departs from the applicants' claims in order to order suo motu non-pecuniary reparation measures. Such characteristics are found only in the practice of the Inter-American Court of Human Rights, which is the African Court's closest neighbour in this respect.

Keywords : réparation; réparations non-pécuniaires; Cour africaine des droits de l'homme et des peuples; contentieux international; satisfaction; restitution.

        · abstract in French     · text in French     · French ( pdf )