Accomodating Diversity
Accommodating diversity: Is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system?
Submitted in partial fulfilment of the requirements of the degree LLM (Human Rights and Democratisation in Africa) Faculty of Law, Centre for Human Rights, University of Pretoria
By Herbert RUBASHA Student No. 26500401
Prepared under the supervision of Prof. Gilles CISTAC At the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Moçambique
27 October 2006
DECLARATION
I, Herbert Rubasha, hereby declare that this dissertation is original and has never been presented in any other institution. I also declare that any secondary information used has been duly acknowledged in this dissertation.
Student:
Herbert Rubasha
Signature:
___________________
Date:
___________________
I, Prof. Gilles Cistac, have read this dissertation and approved it for examination.
Supervisor:
Prof. Gilles Cistac
Signature:
_____________________
Date:
_____________________
DEDICATION
To my late brother Pilot Matabaro, I would have loved your assuring company and the encouragements you used to show me in every carrier I undertook. I realize though that individual interests could not be more than those of vulnerable thousands who were being massacred. The brotherly lessons were worth lifetime. For moulding my life, I dedicate this work to you.
ii
ACKNOWLEDGMENT
I could not have achieved the completion of this dissertation without Gods love and grace. I am greatly indebted to the Centre for Human Rights, for allowing me on this wonderful and worthwhile programme, without which it would not have been possible to take part. It has been indeed a valuable experience to savour for a lifetime. My thanks go to my Professors: Professor Viljoen, for the unabated pressure, here we are and set for it; Professor Hansungule, for the unforgettable African perspectives, we became real; and Professor Heyns, for his always
Submitted in partial fulfilment of the requirements of the degree LLM (Human Rights and Democratisation in Africa) Faculty of Law, Centre for Human Rights, University of Pretoria
By Herbert RUBASHA Student No. 26500401
Prepared under the supervision of Prof. Gilles CISTAC At the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Moçambique
27 October 2006
DECLARATION
I, Herbert Rubasha, hereby declare that this dissertation is original and has never been presented in any other institution. I also declare that any secondary information used has been duly acknowledged in this dissertation.
Student:
Herbert Rubasha
Signature:
___________________
Date:
___________________
I, Prof. Gilles Cistac, have read this dissertation and approved it for examination.
Supervisor:
Prof. Gilles Cistac
Signature:
_____________________
Date:
_____________________
DEDICATION
To my late brother Pilot Matabaro, I would have loved your assuring company and the encouragements you used to show me in every carrier I undertook. I realize though that individual interests could not be more than those of vulnerable thousands who were being massacred. The brotherly lessons were worth lifetime. For moulding my life, I dedicate this work to you.
ii
ACKNOWLEDGMENT
I could not have achieved the completion of this dissertation without Gods love and grace. I am greatly indebted to the Centre for Human Rights, for allowing me on this wonderful and worthwhile programme, without which it would not have been possible to take part. It has been indeed a valuable experience to savour for a lifetime. My thanks go to my Professors: Professor Viljoen, for the unabated pressure, here we are and set for it; Professor Hansungule, for the unforgettable African perspectives, we became real; and Professor Heyns, for his always
References: 259 260 261 262 M Mchugh ‘The Function of Law Making in Judicial Process’, Part I & II, 15 Australian Law Journal (1988) 116