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Through a decision by the African Commission on Human and Peoples' Rights, SERAC v Nigeria (2001), the Charter is also understood to include a right to housing and a right to food as "implicit" in the Charter, particularly in light of its provisions on the right to life (Art. 4), right to health (Art. 16) and to development (Art. 22).
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial body tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights (also known as the Banjul Charter or the African Charter) and considering individual complaints of violations of the Charter.
The African Court on Human and Peoples' Rights, also known simply as the African Court, [1] is an international court established by member states of the African Union (AU) to implement provisions of the African Charter on Human and Peoples' Rights (also known as the Banjul Charter).
The main legal instruments of African Union law include the Constitutive Act of the African Union, [4] the African Charter on Human and Peoples' Rights, [5] the African Charter on the Rights and Welfare of the Child, the African Charter on Democracy, Elections and Governance [6] and the Treaty Establishing the African Economic Community. [7]
The African Union (AU) is a supranational union consisting of fifty-three African states. [2] Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market.
The African Charter is a human rights document made up of 68 articles carved up into four sections—Human and Peoples' Rights; Duties; Procedure of the Commission; and Applicable Principles. It merges the three clusters of rights, namely, civil and political rights, economic, social, and cultural rights, and group and peoples' rights.
A. Abuja Treaty; African Charter on Democracy, Elections and Governance; African Charter on Human and Peoples' Rights; Protocol to the African Charter on Human and Peoples' Rights on the establishment of an African Court on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights (ACHPR) protects the right to property most explicitly in Article 14, [7] stating: The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws. [8]