African Human Rights Yearbook Volume 4 2020
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Author | : |
Publisher | : Pretoria University Law Press |
Total Pages | : 540 |
Release | : 2020-01-01 |
Genre | : Law |
ISBN | : |
The three institutions making up the African regional human rights system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child, decided to jointly publish the African Human Rights Yearbook, to spearhead studies on the promotion and protection of human rights, and to provide a forum for constructive engagement about the African human rights system with academics and other human rights commentators on the continent. Volume 4 of the Yearbook, published in 2020, contains 24 contributions by scholars from Africa and beyond. Les trois institutions qui composent le système régional africain des droits de l’homme, la Cour africaine des droits de l’homme et des peuples, la Commission africaine des droits de l’homme et des peuples et le Comité africain d’experts sur les droits et le bien-être de l’enfant ont décidé de publier conjointement l’Annuaire africain des droits de l’homme pour encourager les études sur la promotion et la protection des droits de l’homme et offrir un forum d’interaction constructive sur le système avec les universitaires et observateurs du continent. Le Volume 4 de l’Annuaire, publié en 2020, contient 24 contributions de chercheurs du continent et d’ailleurs.
Author | : Charles Ngwena |
Publisher | : Pretoria University Law Press |
Total Pages | : 316 |
Release | : 2016-01-01 |
Genre | : Law |
ISBN | : |
About the publication The African Disability Rights Yearbook addresses disability rights within the foundational structure laid down by the inaugural issue. The structure comprises a tripartite division between: articles; country reports; and shorter commentaries on recent regional and sub-regional developments. The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region. The African Disability Rights Yearbook publishes peer-reviewed contributions dealing with the rights of persons with disabilities and related topics, with specific relevance to Africa, Africans and scholars of Africa. The Yearbook appears annually under the aegis of the Centre for Human Rights, Faculty of Law, University of Pretoria. The Yearbook is an open access online publication, see www.adry.up.ac.za About the editors: Charles Ngwena is Professor, Department of Constitutional Law and Legal Philosophy, Faculty of Law, University of the Free State, South Africa. Ilze Grobbelaar‐du Plessis is a senior lecturer and holds the degrees BIuris LLB LLM LLD from the University of Pretoria. Helene Combrinck is Associate Professor at the Centre for Disability Law and Policy, University of the Western Cape. Serges Djoyou Kamgais is Senior Lecturer at TMALI (UNISA). Table of Contents Stigma as barrier to the implementation of the Convention on the Rights of Persons with Disabilities in Africa Mark Mostert Realising the inclusion of youth with disabilities in political and public life in Kenya Lucianna Thuo Reading ‘disability’ into the non-discrimination clause of the Nigerian Constitution Ngozi Chuma Umeh Legislative mechanisms for combating violence against children with disabilities in selected African jurisdictions: A critical appraisal Enoch Chilemba My right to know: Developing sexuality education resources for learners with intellectual disability in the Western Cape, South Africa Rebecca Johns Colleen Adnams (Re)thinking sexual access for adolescents with disabilities in South Africa: Balancing rights and protection Paul Chappell The development and use of Sign Language in South African schools: The denial of inclusive education Willene Holness Implementing article 33 of CRPD: Tanzanian approach Abdallah Possi SECTION B: COUNTRY REPORTS Angola Eduardo Kapapelo Gabon Christophe Tchudjo Victorine Maptue Toguem Senegal Abdoulaye Thiam Seydi Ababacar Sy Sow SECTION C: REGIONAL DEVELOPMENTS The jurisprudence of the committee on the rights of persons with disabilities and its implications for Africa Innocentia Mgijima The right to work and employment in Southern Africa: A commentary on how selected employment laws fare against article 27 of the CRPD Dianah Msipa BOOK REVIEW Don Kulick & Jens Rydström Loneliness and its opposite: Sex, disability, and the ethics of engagement (2015) Paul Chappell
Author | : |
Publisher | : BRILL |
Total Pages | : 295 |
Release | : 2021-10-25 |
Genre | : Political Science |
ISBN | : 9004498915 |
This is the first edition of the Yearbook on the African Union. It is first and foremost an academic project that will provide an in-depth evaluation and analysis of the institution, its processes, and its engagements. Despite the increased agency in recent years of the African Union in general, and the AU Commission in particular, little is known – outside expert policy or niche academic circles – about the Union’s activities. This is the gap the Yearbook on the African Union wants to systematically bridge. It seeks to be a reference point for in-depth research, evidence-based policy-making and decision-making. Contributors are: Adekeye Adebajo, Habibu Yaya Bappah, Bruce Byiers, Annie Barbara Hazviyemurwi Chikwanha, Dawit Yohannes Wondemagegnehu, Katharina P.W. Döring, Jens Herpolsheimer, Jacob Lisakafu, Frank Mattheis, Henning Melber, Alphonse Muleefu, John N. Nkengasong, Edefe Ojomo, Awino Okech, Jamie Pring, Elizabeth Sidiropoulos, Tim Zajontz.
Author | : |
Publisher | : BRILL |
Total Pages | : 320 |
Release | : 2024-11-14 |
Genre | : Political Science |
ISBN | : 900471314X |
This is the fourth edition of the Yearbook on the African Union (YBAU). The YBAU is first and foremost an academic project that provides an in-depth evaluation and analysis of the institution, its processes, and its engagements. Despite the increased agency in recent years of the African Union in general, and the AU Commission in particular, little is known – outside expert policy or niche academic circles – about the Union’s activities. This is the gap the Yearbook on the African Union wants to systematically address. It seeks to be a reference point for in-depth research, evidence-based policy-making and decision-making. Contributors are Ndubuisi Christian Ani, Kwesi Aning, Juliana Abena Appiah, Habibu Yaya Bappah, Bruce Byiers, Annie Barbara Hazviyemurwi Chikwanha, Dawit Yohannes Wondemagegnehu, Debela Fituma, Cheryl Hendricks, Jens Herpolsheimer, Benedikt Kamski, Tony Karbo, Hubert Kinkoh, Klara Leithäuser, Edefe Ojomo, Francis Onditi, Naila Salihu, Rahel W. Sebhatu, Moussa Soumahoro, Elsie Tachie-Menson, Tim Zajontz.
Author | : Allwell Uwazuruike |
Publisher | : Springer Nature |
Total Pages | : 235 |
Release | : 2020-02-29 |
Genre | : Political Science |
ISBN | : 3030417395 |
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 | : |
Publisher | : Pretoria University Law Press |
Total Pages | : 405 |
Release | : 2017-01-01 |
Genre | : Law |
ISBN | : |
African Human Rights Yearbook Volume 1 (2017) The three institutions making up the African regional human rights system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child, decided to jointly publish the African Human Rights Yearbook, to spearhead studies on the promotion and protection of human rights, and to provide a forum for constructive engagement about the African human rights system with academics and other human rights commentators on the continent. Volume 1 of the Yearbook, published in 2017, contains fifteen contributions by scholars from Africa and beyond. Annuaire Africain des Droits de l’Homme Volume 1 (2017) Les trois institutions qui composent le système régional africain des droits de l’homme, la Cour africaine des droits de l’homme et des peuples, la Commission africaine des droits de l’homme et des peuples et le Comité d’experts africains sur les droits et le bien-être de l’enfant ont décidé de publier conjointement l’Annuaire Africain des Droits de l’Homme pour encourager les études sur la promotion et la protection des droits de l’homme et offrir un forum d’interaction constructive sur le système avec les universitaires et observateurs du continent. Le Volume 1 de l’Annuaire, publié en 2017, contient quinze contributions de chercheurs du continent et d’ailleurs. Table of Contents Acknowledgements/Remerciements Preface Préface Editorial Éditorial Vulnerability of women in Africa to extrajudicial killings Anyangwe, A Protecting the African child in a changing climate: are our existing safeguards adequate? Boshoff, E The relevance of substantive equality in the African regional human rights system’s jurisprudence to women’s land and property rights Chekera-Radu, YT Practices and challenges in implementing women’s right to political participation under the African Women’s Rights Protocol in Zimbabwe Zvobgo, EF and Dziva, C Developing norms and standards on maternal mortality in Africa: lessons from UN human rights bodies Afuluke-Eruchalu, O and Durojaye, E Le rôle des acteurs nongouvernementaux dans la mobilisation juridique en faveur du Protocole de Maputo Guignard, L Happy 18th birthday to the African Children’s Charter: not counting its days but making its days count Mezmur, BD Monitoring implementation of the decisions and judgments of the African Commission and Court on Human and Peoples’ Rights Murray, R; Long, D; Ayeni, V; and Somé, A Why should we obey you? Enhancing implementation of rulings by regional courts Nyman-Metcalf, K and Papageorgiou, I Contextualising the corporate human rights responsibility in Africa: a social expectation or legal obligation? Okoloise, C La promotion de la démocratie et d’un ordre constitutionnel de qualité par le système africain des droits fondamentaux: entre acquis et défis Olinga, AD La jurisprudence de la Cour africaine des droits de l’homme et des peuples: entre particularisme et universalité Ondo, T Actualising women’s participation in politics and governance in Africa: the case of Ghana and Kenya Owiso, R and Sefah, B Article 6 of the African Women’s Rights Protocol: towards the protection of the rights of women in polygamous marriages Oyugi, P ‘It is better that ten guilty persons escape than that one innocent suffer’: the African Court on Human and Peoples’ Rights and fair trial rights in Tanzania Possi, A Du ‘droit de la force’ à la force du droit: pour la dépénalisation de l’avortement à Madagascar Rabenoro, M La Cour et la Commission africaines des droits de l’homme et des peuples: noces constructives ou cohabitation ombrageuse? Yerima, SZ
Author | : |
Publisher | : Pretoria University Law Press |
Total Pages | : 531 |
Release | : 2020-01-01 |
Genre | : Law |
ISBN | : |
In 2020, the African Human Rights Law Journal (AHRLJ or Journal) celebrates 20 years since it first was published. The AHRLJ is the only peer-reviewed journal focused on human rights-related topics of relevance to Africa, Africans and scholars of Africa. It is a time for celebration. Since 2001, two issues of the AHRLJ have appeared every year. Initially published by Juta, in Cape Town, South Africa, in 2013 it became as an open-access journal published by the Pretoria University Law Press (PULP). PULP is a non-profit open-access publisher focused on advancing African scholarship. The AHRLJ contains peer-reviewed articles and ‘recent developments’, discussing the latest court decisions and legal developments in the African Union (AU) and regional economic communities. It contains brief discussions of recently-published books. With a total of 517 contributions in 40 issues (436 articles and 81 ‘recent developments’; not counting ‘book reviews’), on average the AHRLJ contains around 13 contributions per issue. The AHRLJ is accredited with the International Bibliography of the Social Sciences (IBSS) and the South African Department of Higher Education, Science and Innovation, and appears in a number of open access portals, including AfricanLii, the Directory of Open Access Journals and SciELO. Over the 20 years of its existence, many significant articles appeared in the AHRLJ. According to Google Scholar the mostcited articles that have appeared in the Journal over this period are (i) T Metz ‘Ubuntu as a moral theory and human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532-559 (with 273 citations); (ii) D Cornell and K van Marle ‘Exploring ubuntu: Tentative reflections’ (2005) 5 African Human Rights Law Journal 195- 220 (with 97 citations); (iii) S Tamale ‘Exploring the contours of African sexualities: Religion, law and power’ (2014) 14 African Human Rights Law Journal 150-177 (with 85 citations); K Kindiki ‘The normative and institutional framework of the African Union relating to the protection of human rights and the maintenance of international peace and security: A critical appraisal’ (2003) 3 African Human Rights Law Journal 97-117 (with 59 citations); and T Kaime ‘The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa: Some reflections’ (2005) 5 African Human Rights Law Journal 221-238) (with 54 citations). This occasion allows some perspective on the role that the Journal has played over the past 20 years. It is fair to say that the AHRLJ contributed towards strengthening indigenous African scholarship, in general, and human rights-related themes, specifically. Before the Journal there was no academic ‘outlet’ devoted to human rights in the broader African context. Both in quantity and in quality the Journal has left its mark on the landscape of scholarly journals. The AHRLJ has provided a forum for African voices, including those that needed to be ‘fine-tuned’. Different from many other peerreviewed journals, the AHRLJ has seen it as its responsibility to nurture emerging but not yet fully-flourishing talent. This approach allowed younger and emerging scholars to be guided to sharpen their skills and find their scholarly voices. The AHRLJ has evolved in tandem with the African regional human rights system, in a dialogic relationship characterised by constructive criticism. When the Journal was first published in 2001, the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) was not yet in force. Over the years the Journal tracked the evolution of the African Court on Human and Peoples’ Rights (African Court) from a faltering start, through a phase when it increasingly expressed itself in an emerging jurisprudence, to the current situation of push-back by states signalled by the withdrawal by four states of their acceptance of the Court’s direct individual access jurisdiction. The same is largely true for the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee). It was in 2001 that the AU elected the first members of this Committee. It first met in 2002, and its first decade or so was lackluster. The Committee examined its first state report only in November 2008, and decided its first communication in March 2011. Articles by authors such as Mezmur and Sloth-Nielsen, who also served as members of the Committee, and Lloyd, placed the spotlight on the work of the Committee. Initially, these articles primarily served to describe and provide information that otherwise was largely inaccessible, but over time they increasingly provided a critical gaze and contributed to the constructive evolution of the Committee’s exercise of its mandate. By 2011 the African Commission on Human and Peoples’ Rights (African Commission) was already quite well established, but it also underwent significant growth over the subsequent 20-year period. Numerous articles in the Journal trace and analyse aspects of this evolution. Contributions in the Journal also cover most of the AU human rights treaties and soft law standards. A number of issues contain a ‘special focus’ section dealing with a thematic issue of particular relevance or concern, such as the focus on the Protocol to the African Charter on the Rights of Women (2006 no 1); ‘30 years of the African Charter’ (2011 no 2); and ‘sexual and reproductive rights and the African Women’s Protocol’ (2014 no 2). The scope of the Journal extends beyond the supranational dimension of human rights. Over the years many contributions explored aspects of the domestic human rights situation in countries such as the Democratic Republic of the Congo, Eswatini, Ethiopia, Lesotho, Malawi, Mauritius, Nigeria, South Africa, Tanzania, Uganda and Zimbabwe. From time to time the specific focus sections also veered towards domestic human rights protection. See for instance the focus on 20 years of the South African Constitution (2014 no 2); on ‘adolescent sexual and reproductive rights in the African region’ (2017 no 2); on ‘the rule of law in sub-Saharan Africa’ (2018 no 1); and on ‘dignity taking and dignity restorations’ (2018 no 2).
Author | : Charles Ngwena |
Publisher | : Pretoria University Law Press |
Total Pages | : 234 |
Release | : 2017-01-01 |
Genre | : Law |
ISBN | : |
About the publication The African Disability Rights Yearbook addresses disability rights within the foundational structure laid down by the inaugural issue. The structure comprises a tripartite division between: articles; country reports; and shorter commentaries on recent regional and sub-regional developments. The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region. The African Disability Rights Yearbook publishes peer-reviewed contributions dealing with the rights of persons with disabilities and related topics, with specific relevance to Africa, Africans and scholars of Africa. The Yearbook appears annually under the aegis of the Centre for Human Rights, Faculty of Law, University of Pretoria. The Yearbook is an open access online publication, see www.adry.up.ac.za About the editors: Charles Ngwena is Professor, Department of Constitutional Law and Legal Philosophy, Faculty of Law, University of the Free State, South Africa. Ilze Grobbelaar‐du Plessis is a senior lecturer and holds the degrees BIuris LLB LLM LLD from the University of Pretoria. Helene Combrinck is Associate Professor at the Centre for Disability Law and Policy, University of the Western Cape. Serges Djoyou Kamgais is Senior Lecturer at TMALI (UNISA). Table of Contents SECTION A: ARTICLES The Basic Education Act of 2013 as a tool for advancing early childhood development and education for children with disabilities in Kenya Mirriam Nthenge ‘Access to justice of children with disabilities in defilement cases; a myth or reality?’ Bernadette Malunga, Ngeyi Ruth Kanyongolo & Ngcimezile Mbano-Mweso The socio-economic rights of children with disabilities in South Africa: A comparison between the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of Persons with Disabilities Zita Hansungule & Trynie Boezaart ‘De-stigmatising psychosocial disabilities in South Africa’ Faraaz Mahomed & Michael Ashley Stein Mental illness, stigma and disability rights in Ghana Magnus Mfoafo-M’Carthy & Jeff Grischow Albinism in Africa: A proposed conceptual framework to understand and effectively address a continental crisis’ Mark P Mostert & Martha M Weich The identity question versus appropriateness of legal anti-discrimination measures: Endorsing the disability rights approach to albinism Abdallah Possi & Ally Possi SECTION B: COUNTRY REPORTS Djibouti Djibril Ismail Cher Madagascar Isambilo Rabearison-Andrianjara SECTION C: REGIONAL DEVELOPMENTS The right to the highest attainable standard of mental health in selected African countries: A commentary on how selected mental health laws fare against article 25 of the Convention on the Rights of Persons with Disabilities Elizabeth Kamundia Disability rights developments in the East African Community post-2012 Damalie Naggita-Musoke BOOK REVIEW Elizabeth Barnes Minority body: A theory of disability Charles Ngwena
Author | : Mfundo Mandla Masuku |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 267 |
Release | : 2022-10-13 |
Genre | : Architecture |
ISBN | : 1527589536 |
This book explores the circumstances surrounding state-provided, low-cost housing for people at the lower end of the housing market in Africa. It deploys Ubuntu philosophy to unpack the provision of housing security to citizens, arguing that interpreting housing rights within Ubuntu philosophy recognises the spirit of reciprocity and collective solidarity as fundamental to meeting the housing needs of low-income groups. In essence, the volume reflects on the values of Ubuntu and informs both policy and practice by guiding policymakers, researchers, and practitioners with the episteme of basic human rights and the Ubuntu philosophy. It pointedly grapples with issues that resonate with efforts by African governments to protect vulnerable citizens from multidimensional poverty, homelessness, gender-neutral policies, and self-help housing schemes. The book’s insights raise red flags concerning the realisation of Ubuntu as a vehicle earmarked to deliver adequate and sustainable housing delivery outcomes. The volume is a must-read for academics, researchers, practitioners, government officials, and leaders from various sectors.
Author | : |
Publisher | : Pretoria University Law Press |
Total Pages | : 294 |
Release | : 2018-01-01 |
Genre | : Law |
ISBN | : |
About the publication The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region. Table of Contents EDITORIAL Editorial SECTION A: ARTICLES Rather bad than mad? A reconsideration of criminal incapacity and psychosocial disability in South African law in light of the Convention on the Rights of Persons with Disabilities Heléne Combrinck Legal capacity of parties with intellectual, psycho-social and communication disabilities in traditional courts in Kwazulu-Natal Willene Holness & Sarah Rule Protection of the rights of persons with mental disabilities to liberty and informed consent to treatment: A critique of Gordon Maddox Mwewa & Others v Attorney General & Another Felicity Kayumba Kalunga & Chipo Mushota Nkhata Rearticulating ubuntu as a viable framework for the realisation of legal capacity in sub-Saharan Africa Louis O. Oyaro Implementing article 13 of the Convention on the Rights of Persons with Disabilities in South Africa: Reasonable accommodations for persons with communication disabilities Robyn White & Dianah Msipa Leaving the woods to see the trees: Locating and refocusing the activities of non-state actors towards the effective promotion of access to justice of persons with disability Azubike Onuora-Oguno SECTION B: COUNTRY REPORTS République de Bénin Marianne Séverin Union des Comores Youssouf Ali Mdahoma Mauritania Kedibone Chembe & Babatunde Fagbayibo Rwanda Olwethu Sipuka The Gambia Satang Nabaneh SECTION C: REGIONAL DEVELOPMENTS A step to zero attacks: Reflections on the rights of persons with albinism through the lens of X v United Republic of Tanzania Benyam Dawit Mezmur Progress towards inclusive primary education in selected West African countries Ngozi Chuma Umeh BOOK REVIEW Peter Blanck & Eiliónoir Flynn (eds): The Routledge Handbook of Disability Law and Human Rights (2017) Heléne Combrinck