The Impact Of The Maputo Protocol In Selected African States
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| Author | : Susan Mutambasere |
| Publisher | : Pretoria University Law Press |
| Total Pages | : 339 |
| Release | : 2023-01-01 |
| Genre | : Law |
| ISBN | : |
This book assesses the impact and effectiveness of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) in 16 state parties. These countries are: Burkina Faso, Cameroon, Côte d’Ivoire, the Democratic Republic of Congo, Ethiopia, Eswatini, the Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, Tanzania, and Zimbabwe. Each of the chapters traces the impact that the Protocol has had on the policies, laws, court decisions, civil society activism, and legal education in the particular state. Each chapter also discusses the relationship of the state with the African human rights mechanisms. The book is an update of two prior volumes of essays, titled The impact of the African Charter and the Maputo Protocol in selected African states, published by PULP in 2012 and 2016, and edited by the Centre for Human Rights, Universityof Pretoria (Centre) and Victor Ayeni, respectively. The third edition, focused more narrowly on the Maputo Protocol, appears as the continent marks 20 years since the adoption of the Protocol on 11 July 2003. By 11 July 2023, 54 out of 55 African Union member states (with the exception of Morocco) have become party to the African Charter, and 44 of them have accepted the Maputo Protocol. The book is edited by and contains several chapters by alumni of the Master’s in Human Rights and Democratisation in Africa programme of the Centre. The Centre intends to use this research as the basis for a continuously updated database on the impact of the African Charter and Maputo Protocol.
| Author | : Kounkinè Augustin Somé |
| Publisher | : PULP |
| Total Pages | : 343 |
| Release | : 2016-07-13 |
| Genre | : African Charter on Human and People's Rights (1981) 2003 July 11 |
| ISBN | : 192053847X |
The year 2016 was declared by the African Union as the African ‘Year of Human Rights with Particular Focus on the Rights of Women’ to commemorate and celebrate significant milestones in the realisation of human rights on the African continent. The year marks the 35th anniversary of the adoption of the African Charter on Human and Peoples’ Rights (African Charter), 30th year since coming into force of the African Charter and 10 years since the inauguration of the African Court on Human and Peoples’ Rights. Since its adoption, the African Charter has been supplemented by the Protocol on the Rights of Women in Africa (Maputo Protocol). All AU member states (with the exception of new comer South Sudan) are state parties to the African Charter, and 36 of them have accepted the Maputo Protocol. This book assesses the impact and effectiveness of the African Charter and the Maputo Protocol in 17 African countries, namely Burkina Faso, Cameroon, Côte d’Ivoire, Ethiopia, Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zimbabwe. The book is the result of research conducted by selected alumni of the Centre for Human Rights’ LLM in Human Rights and Democratisation in Africa programme.
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| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : |
| ISBN | : 9781776448401 |
| Author | : Aderomola Adeola |
| Publisher | : Oxford University Press |
| Total Pages | : 273 |
| Release | : 2022-02-03 |
| Genre | : Law |
| ISBN | : 0192671111 |
This collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.
| Author | : Ashwanee Budoo-Scholtz |
| Publisher | : Springer Nature |
| Total Pages | : 448 |
| Release | : 2021-11-02 |
| Genre | : Social Science |
| ISBN | : 3030759539 |
This book examines violence against women in Africa and criminal justice from the perspective of African scholars, practitioners and experts. As a global and long-standing issue, violence against women is gaining public visibility across the African continent with some states announcing a national crisis warranting immediate redress. At the global level, the elimination of all forms of violence against all women and girls forms a key part of United Nations Sustainable Development Goal 5: Gender Equality. Split across two volumes, these books present a comprehensive analysis of the latest research and theories, principles and practices of criminal justice systems, criminal justice accountability mechanisms, and the key challenges women face in their quest for justice on the African continent. This volume (II) focusses on sexual violence and vulnerable women’s access to justice in Africa. Volume I focusses on legislation and its impact, the limitations of criminal justice responses, and the cultural and social norms regarding access to justice. Together, they adopt a comparative approach that highlight gaps and good practices to provide a rich source of authoritative information for promoting an intra-African dialogue and cross-fertilization of ideas across the different criminal justice traditions in Africa. Both volumes seek to advance discussions on eliminating violence against women in Africa and speak to those interested in criminal justice, violence, gender studies and African legal studies.
| Author | : James Thuo Gathii |
| Publisher | : Oxford University Press |
| Total Pages | : 385 |
| Release | : 2020-11-26 |
| Genre | : Law |
| ISBN | : 0192638963 |
The performance of international courts has traditionally been judged against criteria of compliance and effectiveness. Whilst these are clearly desirable objectives for litigants before Africa's international courts, this book shows that we must look beyond these criteria to fully appreciate the impact of these courts. This book shows how litigants use their participation in international litigation to achieve other objectives: to amplify political disputes with their governments, to build their movement, to educate the public about their cause, and to challenge the status quo. Chapters in this collection show how these courts act as coordination points for opposition political parties to name and shame dominant parties for violation of their organizational rights. Others demonstrate how Africa's international courts serve as transitional justice mechanisms in which truth telling about ongoing conflict and authoritarian governance receives significant attention. This attention serves as a platform to galvanize resistance against continued authoritarian rule, especially from outside the conflict countries. Ultimately, the book shows that these courts must be judged against new and broader criteria, and understood as increasingly important venues for waging political, social, environmental, and legal struggles.
| Author | : World Health Organization |
| Publisher | : World Health Organization |
| Total Pages | : 107 |
| Release | : 2003-05-13 |
| Genre | : Medical |
| ISBN | : 9241590343 |
At a UN General Assembly Special Session in 1999, governments recognised unsafe abortion as a major public health concern, and pledged their commitment to reduce the need for abortion through expanded and improved family planning services, as well as ensure abortion services should be safe and accessible. This technical and policy guidance provides a comprehensive overview of the many actions that can be taken in health systems to ensure that women have access to good quality abortion services as allowed by law.
| Author | : Satang Nabaneh |
| Publisher | : Pretoria University Law Press |
| Total Pages | : 204 |
| Release | : 2023-11-08 |
| Genre | : Law |
| ISBN | : |
Choice and Conscience offers a fresh and insightful perspective on the highly debated issue of conscientious objection in abortion care. Satang Nabaneh’s socio-legal approach, which draws on both traditional legal scholarship and African feminist intellectual traditions, provides a nuanced understanding of how legal norms construct and maintain power relations. By focusing on the experiences of nurses in South Africa, Nabaneh explores the complexities of conscience, discretionary power, and socio-cultural and political factors that influence nurses’ decisions about whether or not to conscientiously object. In the wake of the recent rollback of abortion rights in the United States and the trend towards liberalisation within the African region, Nabaneh provides an important African perspective on how the international human rights framework should strike a contextual balance between freedom of conscience and ensuring access to abortion. Choice and Conscience will interest lawyers, activists, policymakers, scholars, and students exploring the dynamic intersections of law, healthcare, and gender politics. Choice and Conscience … stands as a significant and valuable addition to the ongoing global scholarship on this critical issue. It underscores the vital concept that intersectionality should occupy a central place in our examination of how various local contexts give rise to layered forms of privilege and disadvantage. Dr Tlaleng Mofokeng, UN Special Rapporteur on the right to health … Nabaneh’s study of “law in action” zeros in on South African nurses--gatekeepers who often object to the practice for reasons of “conscience.” Her interviews of these nurses and her analysis complicate our understanding of challenges to abortion access, providing lessons applicable not only to South Africa and other African countries, but everywhere where there is a gap between formal law and its application. Mindy Jane Roseman, JD, PhD, Yale Law School Written from an African feminist perspective, this book offers fresh insights into our understanding of the intersection between politics, mobilisation of discretionary power and the exercise of conscientious objection to abortion by mid-level providers. Charles Ngwena, Professor of Law, Centre for Human Rights, University of Pretoria This book offers powerful insights about how informal and background norms in health systems function constrain or enable reproductive justice. Focusing on conscientious objection to abortion by nurses (including midwives) in South Africa, Nabaneh sketches the importance of a feminist analysis that is situated in Africans’ lived realities. Alicia Ely Yamin, Harvard University
| Author | : Michael Addaney |
| Publisher | : Springer Nature |
| Total Pages | : 477 |
| Release | : 2020-08-21 |
| Genre | : Law |
| ISBN | : 3030465233 |
This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.
| Author | : Ebenezer Durojaye |
| Publisher | : Springer Nature |
| Total Pages | : 381 |
| Release | : 2023-07-17 |
| Genre | : Political Science |
| ISBN | : 303132367X |
This book delves into the endemic and pervasive issue of sexual harassment in Africa, examining it as a gendered expression of power and a gross violation of human rights. It explores sexual harassment in various sectors, including domestic work, academia, and the informal economy, across a range of African countries. The book also highlights the sexual harassment experienced by vulnerable populations, such as internally displaced people, people with disabilities, and women and girls traveling by air. With a keen focus on the intersection of law, feminism, and human rights, the book analyzes the role of the courts and national human rights institutions in addressing sexual harassment, drawing lessons from other jurisdictions. This book is a must-read for researchers, policymakers, and civil society organizations interested in gender power relations and women‘s rights in Africa and beyond.
