The African Regional Human Rights System
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| Author | : Manisuli Ssenyonjo |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 629 |
| Release | : 2011-12-23 |
| Genre | : Law |
| ISBN | : 9004218149 |
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 | : K. Kufuor |
| Publisher | : Springer |
| Total Pages | : 188 |
| Release | : 2015-10-14 |
| Genre | : Political Science |
| ISBN | : 0230106544 |
This book challenges the received scholarship on the African Charter on Human and Peoples' Rights. The author applies economic and social theory to understanding the African Commission's dynamic treaty interpretation and the Commission's strategic manipulation of the Rules of Procedure to strengthen the African human rights system.
| Author | : George William Mugwanya |
| Publisher | : Brill Nijhoff |
| Total Pages | : 538 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : |
The author argues that although the Universal Declaration of Human Rights and the role the United Nations plays in promoting global awareness of human rights has had a positive influence in Africa, their institutional, financial and political impediments undercut the ability of a global system to address adequately the crisis in human rights violations occurring in Africa today. Using case studies from South Africa and Uganda, past difficulties in addressing human rights problems are analyzed and recommendations made for future methodologies including the creation of an African Court of Human and Peoples' Rights. Published under the Transnational Publishers imprint.
| Author | : Dinah Shelton |
| Publisher | : |
| Total Pages | : 1116 |
| Release | : 2013-05-30 |
| Genre | : Law |
| ISBN | : 0199941521 |
What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? Regional Protection of Human Rights, Second Edition is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions. Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. The jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement. Together, Regional Protection of Human Rights and its accompanying Documentary Supplement provide comprehensive access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.
| Author | : Christina M. Cerna |
| Publisher | : Routledge |
| Total Pages | : 617 |
| Release | : 2016-12-05 |
| Genre | : Political Science |
| ISBN | : 1351905538 |
Over the past sixty years the regional human rights systems have surpassed the UN human rights bodies in affording protection to the victims of human rights violations. Most of these systems have courts that are empowered to issue legally binding judgments and reparations for violations of human rights, which states have been unwilling to accord the UN system. The essays selected for this volume examine the structure and functioning of the principal regional human rights systems in the world today: 1) the Inter-American Commission and Court of Human Rights, 2) the European Court of Human Rights, 3) the African Commission and Court of Human and Peoples’ Rights and 4) the ASEAN Intergovernmental Human Rights Commission. These systems guarantee primarily civil and political rights. Central to all four systems is the necessity of a democratic form of government to guarantee these rights, although not all governments, parties to these regional treaties, are democracies. These articles trace the history of these systems, in particular, the expansion of their membership to include almost all independent countries in the region, and their evolution towards recognition of a 'right to democracy'.
| 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 | : Charles C. Jalloh |
| Publisher | : Cambridge University Press |
| Total Pages | : 1199 |
| Release | : 2019-05-16 |
| Genre | : History |
| ISBN | : 110842273X |
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 | : Malcolm Langford |
| Publisher | : Cambridge University Press |
| Total Pages | : 547 |
| Release | : 2017-03-02 |
| Genre | : Political Science |
| ISBN | : 1108211224 |
The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.
| 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.
| Author | : Morris Kiwinda Mbondenyi |
| Publisher | : Lawafrica Pub Limited |
| Total Pages | : 496 |
| Release | : 2011 |
| Genre | : Political Science |
| ISBN | : 9789966153241 |
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.
