La protection constitutionnelle des droits de l’homme dans les États d’Afrique noire francophone

Abstract : Upheavals in Europe at the end of 1980s did not save (spare) sub-Saharan Africa. If at the world level these upheavals led (drove) to the dislocation of the east block and to the questioning of the geostrategic balances, in Black Africa, they allowed the fall of the authoritarian and dictatorial diets (regimes). French-speaking Black Africa which is the object of this study did not stay outside this evolution. It is at the constitutional level, more exactly, in the field of the protection of the human rights that we notice the most significant change. This one is marked by the adoption of new constitutions with liberal trend (tendency), the creation of the autonomous and specialized constitutional jurisdictions, the gratitude (recognition) of the ethnocultural communities which establish (constitute) the human substratum of the State. This thesis which carries (wears) “the constitutional protection of human rights in the States of French-speaking Black Africa” since 1990 exactly wants to show that the guarantee of the rights and the liberties in this geographical zone aims at the respect for the human dignity, that this guarantee is partially (is partially a matter) of the substantive law through in particular the Constitution, the law and the legal instruments to which the African States subscribe, what seems to confer on the African system of protection of human rights a universal dimensions. But it is also a question of convincing in this study that the legal rule is not the only element which participates in the protection of human rights in the States of French-speaking Black Africa : customs (US), customs, practice, uses (practices) and current traditions in the society participate so, in some respects, in the protection of human rights. For that reason, the universality of the human rights which appears in the new African constitutionalism must be put in perspective because of the prégnance of the traditional right (law), and, especially, the influence of the anthropological factors (culture, religion, tradition…) in the society. The African constituent seems more and more to take into account this influence. Since 1990, he integrates (joins) the traditional rules into the Constitution, what confers on the African constitutional law all its originality and a dualistic character. This dualism is particularly translated by the conciliation between the modern right (law) and the traditional right (law).
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Theses
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http://docnum.univ-lorraine.fr/ulprive/DDOC_T_2016_0146_MBOUSNGOK.pdf
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Submitted on : Thursday, March 29, 2018 - 1:43:37 PM
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Aubain-Didier Mbousngok. La protection constitutionnelle des droits de l’homme dans les États d’Afrique noire francophone. Droit. Université de Lorraine, 2016. Français. ⟨NNT : 2016LORR0146⟩. ⟨tel-01752366⟩

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