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Author : Rachel Murray,Debra Long
Publisher : Cambridge University Press
Page : 313 pages
File Size : 55,6 Mb
Release : 2015-05-28
Category : Law
ISBN : 9781107054929
By what process and mechanisms can the findings of the African Commission be implemented and that implementation monitored?
Author : Rachel Murray
Publisher : Oxford University Press
Page : 720 pages
File Size : 52,6 Mb
Release : 2019-02-07
Category : Law
ISBN : 9780192538581
The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.
Author : Manisuli Ssenyonjo
Publisher : Martinus Nijhoff Publishers
Page : 629 pages
File Size : 40,9 Mb
Release : 2011-12-23
Category : Law
ISBN : 9789004218147
The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.
Author : Kwesi Nyarkoh Koomson
Publisher : GRIN Verlag
Page : 21 pages
File Size : 54,9 Mb
Release : 2016-09-15
Category : Political Science
ISBN : 9783668299405
Seminar paper from the year 2013 in the subject Politics - Topic: Peace and Conflict, Security, , language: English, abstract: This paper deals with the African Commission on Human and People's Rights, its core functiions, major achievements and failures. Since its inception in 1963, the Organisation of African Unity (OAU) now African Union (AU) concentrated all its efforts on dismantling the relics of colonialism and fighting apartheid, consequently relegating the promotion and protection of individual as well as group rights to a secondary position and priority was instead given to the security and inviolability of states at the expense of individual liberty. The Continent was consequently not at the same wavelength in terms of Human Rights with the other continents, especially the west.
Author : Inger Österdahl
Publisher : Unknown
Page : 0 pages
File Size : 48,8 Mb
Release : 2002
Category : Human Rights Africa (Organization)
ISBN : 9176785009
Author : Anonim
Publisher : Pretoria University Law Press
Page : 96 pages
File Size : 50,8 Mb
Release : 2017-01-01
Category : Law
ISBN : 8210379456XXX
A guide to the African human rights system: Celebrating 30 years since the entry into force of the African Charter on Human and Peoples’ Rights 1986 - 2017 Edited by Centre for Human Rights, Faculty of Law, University of Pretoria 2017 ISBN: 978-1-920538-70-5 Pages: 80 Print version: Available Electronic version: Free PDF available About the publication A Guide to the African human rights system has been conceived as an accessible and informative introduction to the human rights system established under the auspices of the African Union (AU). This Guide provides an overview of developments related to the African Charter on Human and Peoples’ Rights, its supervisory body, the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, as well as the African Charter on the Rights and Welfare of the Child and its supervisory body, the African Committee of Experts on the Rights and Welfare of the Child. It is launched on 2 November 2017, commemorating the date, 30 years earlier, on which the African Commission was inaugurated. The Guide aims to both chart the most salient historical developments and provide an accessible introduction to the African human rights system, and is continuously revised. The Centre for Human Rights is both an academic department and a non-governmental organisation (NGO) accorded observer status with the African Commission. The Centre teaches academic programmes and engages in research, advocacy and training on human rights, with a specific focus on Africa. Its flagship programmes are the Master’s in Human Rights and Democratisation in Africa and the African Human Rights Moot Court Competition. For more information on the Centre for Human Rights, visit www.chr.up.ac.za Table of Contents The African Charter on Human and Peoples’ Rights and further standards The African Commission on Human and Peoples’ Rights The African Court on Human and Peoples’ Rights The African Charter on the Rights and Welfare of the Child The African Committee of Experts on the Rights and Welfare of the Child List of abbreviations Bibliography
Author : Frans Viljoen
Publisher : Unknown
Page : 216 pages
File Size : 50,8 Mb
Release : 2006
Category : Political Science
ISBN : STANFORD:36105123527835
Author : Evelyn A. Ankumah
Publisher : BRILL
Page : 264 pages
File Size : 42,5 Mb
Release : 2023-08-28
Category : Law
ISBN : 9789004636859
Author : Gerd Oberleitner
Publisher : Springer
Page : 390 pages
File Size : 44,7 Mb
Release : 2018-10-27
Category : Law
ISBN : 9811052050
This book introduces readers to the major human rights institutions, courts, and tribunals and critically assesses their legacy as well as the promise they hold for realizing human rights globally, and the challenges they face in doing so. It traces the rationale of setting up international institutions, courts, and tribunals with the aim of ensuring respect for international human rights law and presents their historic development, and critically analyzes their contribution to the promotion and protection of human rights. At the same time, it asks which promises old and new (and envisaged) human rights institutions hold for safeguarding human rights in light of continuing violations and recent global trends in human rights and politics. The first section presents institutions created within the framework of the United Nations. The second part of the volume assesses how international criminal tribunals have reframed human rights violations as individual criminal acts. The third part of the volume is devoted to established and emerging regional human rights bodies and courts around the world.
Author : Malcolm Evans,Rachel Murray
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,6 Mb
Release : 2008-05-22
Category : Political Science
ISBN : 9781139470841
The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluation of the Charter as a mechanism for the promotion and protection of human rights in Africa, the contributions cover the Charter's reporting system, the interpretation of different rights by the Commission, the prospects for the African Court on Human and Peoples' Rights and the role of NGOs. This authoritative and comprehensive volume will interest lawyers acting for government and non-governmental organisations, as well as academics and postgraduates.
Author : Allwell Uwazuruike
Publisher : Springer Nature
Page : 229 pages
File Size : 43,6 Mb
Release : 2020-02-29
Category : Political Science
ISBN : 9783030417390
This book critically examines the civil, political, socioeconomic, and group rights protected under the African Charter and its Protocol on women’s rights. It then examines the institutional protection of these rights through the African Commission and African Court. The book builds on the concept of regionalism within Africa and the recent drive for finding “African solutions to African problems” by tracing the development of human rights within Africa and assessing the effectiveness of Africa’s core regional human rights institutions. In turn, it critically analyses the obstacles to the full implementation of human rights in Africa such as the lack of political will, jurisdictional issues, lack of resources and funding, poverty, illiteracy, corruption, and customary practices that violate human rights. In closing, the book discusses possible solutions to these problems.
Author : Michael Addaney,Michael Gyan Nyarko,Elsabé Boshoff
Publisher : Springer Nature
Page : 433 pages
File Size : 42,5 Mb
Release : 2019-11-19
Category : Political Science
ISBN : 9783030270490
This edited volume examines the development and challenges of governance, democracy, and human rights in Africa. It analyzes the emerging challenges for strengthening good governance in the region and explores issues related to civil, political, economic, cultural, and social rights highlighting group rights including women, girls, and other minority groups. The project presents a useful study of the democratization processes and normative developments in Africa exploring challenges in the form of corruption, conflict, political violence, and their subsequent impact on populations. The contributors appraise the implementation gap between law and practice and the need for institutional reform to build strong and robust mechanisms at the domestic, regional, and international levels.
Author : Ololade Shyllon
Publisher : Pretoria University Law Press
Page : 268 pages
File Size : 41,7 Mb
Release : 2018-01-01
Category : Law
ISBN : 8210379456XXX
Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography
Author : Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
Publisher : Cambridge University Press
Page : 1199 pages
File Size : 46,5 Mb
Release : 2019-05-16
Category : History
ISBN : 9781108422734
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
Author : Frans Viljoen
Publisher : OUP Oxford
Page : 661 pages
File Size : 41,7 Mb
Release : 2012-03-29
Category : Law
ISBN : 9780191626838
This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communitites in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament, the Peace and Security Council, the Economic, Social and Cultural Council and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights, which entered into force on 21 October 1986. This new edition contains a new chapter on the African Children's Rights Committee as well as full coverage of new developments and instruments, such as the Convention on the Rights of Persons with Disabilities, the Convention on Enforced Disappearances, and the African Charter on Democracy, Elections and Governance. Three cross-cutting themes are explored throughout the book: national implementation and enforcement of international human rights law; legal and other forms of integration; and the role of human rights in the eradication of poverty. The book also provides an introduction to the relevant human rights concepts.