The Right to Have Rights

The Right to Have Rights
Author: Alison Kesby
Publisher: OUP Oxford
Total Pages: 192
Release: 2012-01-12
Genre: Law
ISBN: 0191627798

Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a 'right to have rights'. The right to have rights was the right to citizenship-to membership of a political community. Since then, and especially in recent years, theorists have continued to grapple with the meaning of the right to have rights. In the context of enduring statelessness, mass migration, people flows, and the contested nature of democratic politics, the question of the right to have rights remains of pressing concern for writers and advocates across the disciplines. This book provides the first in-depth examination of the right to have rights in the context of the international protection of human rights. It explores two overarching questions. First, how do different and competing conceptions of the right to have rights shed light on right bearing in the contemporary context, and in particular on concepts and relationships central to the protection of human rights in public international law? Secondly, given these competing conceptions, how is the right to have rights to be understood in the context of public international law? In the course of the analysis, the author examines the significance and limits of nationality, citizenship, humanity and politics for right bearing, and argues that their complex interrelation points to how the right to have rights might be rearticulated for the purposes of international legal thought and practice.

The African Human Rights System, Activist Forces and International Institutions

The African Human Rights System, Activist Forces and International Institutions
Author: Obiora Chinedu Okafor
Publisher: Cambridge University Press
Total Pages: 22
Release: 2007-05-17
Genre: Political Science
ISBN: 1139463012

This 2007 book draws from and builds upon many of the more traditional approaches to the study of international human rights institutions (IHIs), especially quasi-constructivism. The author reveals some of the ways in which many such domestic deployments of the African system have been brokered or facilitated by local activist forces, such as human rights NGOs, labour unions, women's groups, independent journalists, dissident politicians, and activist judges. In the end, the book exposes and reflects upon the inherent inability of the dominant compliance-focused model to adequately capture the range of other ways - apart from via state compliance - in which the domestic invocation of IHIs like the African system can contribute - albeit to a modest extent - to the pro-human rights alterations that can sometimes occur in the self-understandings, conceptions of interest or senses of appropriateness held within key domestic institutions within states.

International Human Rights and their Enforcement in Africa

International Human Rights and their Enforcement in Africa
Author: Kiwinda Mbondenyi
Publisher: African Books Collective
Total Pages: 532
Release: 2011-12-29
Genre: Political Science
ISBN: 9966530029

Whilst the establishment of the African human rights system was a good gesture that signalled the recognition of the value and essence of international human rights in the continent, a continuous study of the system has become necessary. This is particularly in light of the fact that the continent is in desperate need of well established and effective regional human rights enforcement mechanisms. At the moment, the regional human rights system is stuck between prospects and pitfalls because of the gap that exists between the promise of human rights and their actual realisation. By all means, this trend needs to be reversed. The main objective and purpose of this book is to underscore the challenges besetting the effective enforcement of international human rights law in Africa and the prospects and promises of an effective regional human rights system.

Protecting Human Security in Africa

Protecting Human Security in Africa
Author: Ademola Abass
Publisher: OUP Oxford
Total Pages: 424
Release: 2010-09-23
Genre: Law
ISBN: 0191637173

Protecting Human Security in Africa discusses some of the most potent threats to human security in Africa. It deals especially with those threats to the security of African people which are least understood or explored. In themes varying from corruption, the proliferation of small arms and light weapons, food security, the devastation of internal displacement in Africa, the link between natural resources and human security, to the problems of forced labour, threats to women's security, and environmental security, the book examines the legal and policy challenges of protecting human security in Africa. This work also analyses the role of NGOs and the civil society in advocating human security issues in Africa. It considers the role of regional human rights mechanisms and judicial bodies, such as the African Commission for Human Rights and the African Court of Human and Peoples' Rights, in seeking to guarantee human security in Africa. Finally, with particular reference to the Somalia, Zimbabwe, Kenya, and Darfur crises, the book studies the role of African regional organizations, especially the African Union, in protecting the human security of Africans. Written by leading experts on its various themes, this is an indispensable book for all those seeking to learn more about the real challenges facing Africans and African organizations.