When The Comorian Constitution Produces Human Rights Innovations?
Keywords:
revision, Constitution, Human Rights, Law, Freedom, Innovation, ComorosAbstract
My general aim is to try to understand what the 2018 constitution brings as a novelty in the matter of Human Rights. Before the adoption of the 2018 constitution, the old constitutional texts only proclaimed in the preambles a limited list of rights and freedoms as well as "the attachment of the Comorian people to the fundamental principles and rights as defined by the United Nations Charter, the Charter of the Organization of African Unity, the Arab League Pact, the United Nations Universal Declaration of Human Rights and the African Charter on Human and People's Rights, as well as international conventions, particularly those relating to the rights of the child and of women", without having the measures for its application.
However, the issue of human rights and freedoms has always provoked debate in Comorian society. The issues raised are related to serious violations of these rights and freedoms. But today, the actors involved in the debate are demanding "the respect and protection of Human Rights". In this regard, a new constitution was adopted in 2018 to implement the recommendations made by a dozen Comorian men and women during the National Conferences.
Thus, the 2018 constitution sets out a long list of rights and freedoms. These rights and freedoms of the new constitution are provided for by international human rights conventions. These proclaimed rights and freedoms are classified according to the Rights, Individual, Political, Social and Economic Freedoms. The new constitution also proclaims guarantees of various levels for the protection of rights and freedoms "at the top of the building by the judge". It provides for the superiority of international law over domestic law and reflects the responsibility of the State in the respect of these human rights.
References
Caroline Sägesser, « Human Rights », CRISP, 2009/2, N° 73, Pp. 9-96. Comorian Constitution Of 2001 Revised In 2009
Caroline Sägesser, « Human Rights », CRISP, 2009/2, N° 73, Pp. 9-96.
Comorian Constitution Of 2001 Revised In 2009
CPAN (Committee Steering Committee of the National), 42 Years Of Independence :: Assessment and Perspectives,, Document De Référence Des Assises Nationales Des Comores, Tome1, Moroni, 2018, 210 Pages
Dany Cohen, « The Judge », Guardian OfFreedom, Le Seuil /Pouvoir, 2009, No. 130; Pp.113-125
Universal Declaration of Human Rights, Adopted and Proclaimed by the General Assembly of the United Nations in its Resolution 217 A (III) of December 10, 1948.
Eric Oliva, Constitutional Law, Dalloz, Paris, 2006, 433pages.
Karel Vasak, The International Dimensions Of Human Rights, Unesco, 1978, 780 Pages
The Constitution of the Union Of The Comoros Of December 23, 2001, Revised In 2009, 2013 And 2018.
The Comorian Constitution Of 1996
Glossary of legal terms, 28th edition, Dalloz, 2015-2016, P.406.
Mohamed Ibrahim Hassan, The Constitutionalism In Eastern Europe And The Arab World, Doctoral Thesis of Public Law University of Sorbonne Paris City- New Sorbonne Paris III, 2017,439page.
Najib Ba Mohammed, "the constitution of 2011 and the new challenges", Journal of Law and Economics, 2013, University Sidi Mohamed Ben Abdellah-Fez, pp.27 - 36.
Omar Bendourou, « Human Rights in the Moroccan Constitution of 2011 »: Of Human Rights and Freedoms", the journal of woman Rights 2014/6, N° 5
Omar Bendourou, « La Nouvelle Constitution Marocaine Du 29 Juillet 2011 », Revue Française De Droit Constitutionnel, 2012/3, N° 91, Presses Universitaires De France, Pp. 511- 535.
International Covenant on Civil and Political Rights, Adopted and Opened for Signature, Ratification and Accession by the General Assembly of the United Nations in its Resolution 2200 A(XXI) of 16 December 1966.
International Covenant on Economic, Social and Cultural Rights, adopted and opened for signature, ratification and accession by the General Assembly of the United Nations in its Resolution 2200 A(XXI) of December 16, 1966.
Stéphane Monney Mouandjo, Democracy In The South And The International Election Observation Organizations of Commonwealth and Francophonie Member Countries, Doctoral Dissertation in Public Law, University of Reims Champagne Ardenne, Reims, 2008, 537pages.
