The African Charter on Human and Peoples' Rights

The African Charter on Human and Peoples' Rights
Author: Rachel Murray
Publisher: Oxford University Press
Total Pages: 897
Release: 2019-02-07
Genre: Law
ISBN: 0192538586

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.

Human Rights under the African Charter

Human Rights under the African Charter
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.

Research Handbook on Compliance in International Human Rights Law

Research Handbook on Compliance in International Human Rights Law
Author: Grote, Rainer
Publisher: Edward Elgar Publishing
Total Pages: 576
Release: 2021-10-21
Genre: Political Science
ISBN: 1788971124

This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.

Public International Law

Public International Law
Author: Alina Kaczorowska-Ireland
Publisher: Routledge
Total Pages: 1247
Release: 2015-05-08
Genre: Law
ISBN: 131793640X

The 5th edition of Public International Law continues the book’s accessible, student-friendly tradition with a writing style that is both conversational and easy to read. Features designed to support learning include highlighted key cases, introductory chapter overviews, and end-of-chapter aides-mémoire and recommended further reading. Public International Law is unique in that it is both a textbook and a casebook. The facts of each case and the details of the court or tribunal’s decision are succinctly set out, followed by detailed commentary from the author, and, where appropriate, a brief explanation of subsequent events. The book covers all the major areas of public international law, and takes account of new developments relating to the codification of international law by the International Law Commission, State practice, and decisions of international courts and tribunals, in particular those of the International Court of Justice. Features new to this edition: A new dedicated chapter on the law of the sea Diagrammatic aides-mémoire at the end of each chapter Expanded coverage of the US approach to international law via its courts and executive. This book is an ideal learning tool for students of law or political science and provides a clear and straight-forward overview for anyone with an interest in the subject. Alina Kaczorowska-Ireland is Professor of International and EU Law at the University of the West Indies, Cave Hill Campus, Barbados. She is also author of the Routledge textbook, EU Law.

The Emerging Law of Forced Displacement in Africa

The Emerging Law of Forced Displacement in Africa
Author: Allehone M. Abebe
Publisher: Routledge
Total Pages: 320
Release: 2016-10-04
Genre: Law
ISBN: 1317210301

As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as ‘responsibility to protect’ and ‘sovereignty as responsibility’ have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered.

African Disability Rights Yearbook Volume 2 2014

African Disability Rights Yearbook Volume 2 2014
Author: Charles Ngwena
Publisher: Pretoria University Law Press
Total Pages: 335
Release: 2014-01-01
Genre: Law
ISBN:

African Disability Rights Yearbook Volume 2 2014 Edited by Charles Ngwena, Ilze Grobbelaar‐du Plessis, Helene Combrinck and Serges Djoyou Kamga 2014 ISSN: 2311-8970 Pages: 327 Print version: Available Electronic version: Free PDF available About the publication The 2014 issue of 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 EDITORIAL SECTION A: ARTICLES The right to inclusive education in Botswana: Present challenges and future prospects Obonye Jonas The Basic Education Act of 2013: Why it is one step forward and two steps back for children with disabilities in Kenya William Aseka and Arlene S Kanter Too little, too late? The CRPD as a standard to evaluate South African legislation and policies for early childhood development Sue Philpott Everybody counts: The right to vote of persons with psychosocial disabilities in South Africa Heléne Combrinck Termination of pregnancy of persons with mental disabilities on medical advice: A case study of South Africa Ashwanee Budoo and Rajendra Parsad Gunputh Economic discourses of disability in Africa: An overview of lay and legislative narratives Shimelis Tsegaye Tesemma SECTION B: COUNTRY REPORTS Botswana Thuto Hlalele, Romola Adeola, Adebayo Okeowo, Daba Bacha Muleta and Lucius Batty Njiti Egypt Lila Meadows, Nadia Adib Bamieh and Janet E Lord Kenya Elizabeth Kamundia Malawi Enoch MacDonnell Chilemba Mauritius Ashwanee Budoo and Roopanand Amar Mahadew Uganda Louis O Oyaro Zambia Natasha Banda and Likando Kalaluka Zimbabwe Esau Mandipa and Gift Manyatera SECTION C: REGIONAL DEVELOPMENTS Developments regarding disability rights during 2013: The African Charter and African Commission on Human and Peoples’ Rights Heléne Combrinck and Lawrence M Mute Baby steps: Developments at the African Committee of Experts on the Rights and Welfare of the Child (2013-2014) Lorenzo Wakefield Disability rights in the sub-regional economic communities during 2013 Lucyline Nkatha Murungi

Re-conceiving Property Rights in the New Millennium

Re-conceiving Property Rights in the New Millennium
Author: Ben Chigara
Publisher: Routledge
Total Pages: 252
Release: 2013-03
Genre: Law
ISBN: 1136656251

This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one, this book considers the possibility of a new, sustainable land relations policy for Southern African Development Community States (SADC) that are currently mired up in land disputes that have become subject of domestic, regional and international tribunals. Chigara argues that only human rights inspired policies, that respond to the call for social justice by acknowledging both the current and the underlying contexts to the disputes, hold the most potential to resolve these land disputes.

Lands of the Future

Lands of the Future
Author: Echi Christina Gabbert
Publisher: Berghahn Books
Total Pages: 337
Release: 2021-01-15
Genre: Social Science
ISBN: 1805393782

Rangeland, forests and riverine landscapes of pastoral communities in Eastern Africa are increasingly under threat. Abetted by states who think that outsiders can better use the lands than the people who have lived there for centuries, outside commercial interests have displaced indigenous dwellers from pastoral territories. This volume presents case studies from Eastern Africa, based on long-term field research, that vividly illustrate the struggles and strategies of those who face dispossession and also discredit ideological false modernist tropes like ‘backwardness’ and ‘primitiveness’.