Mobilization of the Maputo Protocol. The New Malian Code of Persons and the Family on Trial
Type de matériel :
TexteLangue : français Détails de publication : 2021.
Sujet(s) : Ressources en ligne : Abrégé : This article examines the legal uses of the Maputo Protocol through the case of the referral to the African Court of Human and Peoples’ Rights concerning the violation of several provisions of the Protocol by the Malian Code of Persons and the Family. It introduces the context and then analyzes the conflicts and debates highlighted by this complaint: is it the respect of religious prescriptions or the international commitments subscribed by the States that must take precedence? Finally, it presents the decision of the African Court regarding this request and its limits (in terms of political will for its implementation).
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This article examines the legal uses of the Maputo Protocol through the case of the referral to the African Court of Human and Peoples’ Rights concerning the violation of several provisions of the Protocol by the Malian Code of Persons and the Family. It introduces the context and then analyzes the conflicts and debates highlighted by this complaint: is it the respect of religious prescriptions or the international commitments subscribed by the States that must take precedence? Finally, it presents the decision of the African Court regarding this request and its limits (in terms of political will for its implementation).
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