The status of the implementation of the African Children’s Charter: A ten-country study

The status of the implementation of the African Children’s Charter: A ten-country study
Author: Elvis Fokala
Publisher: Pretoria University Law Press
Total Pages: 377
Release: 2022-06-01
Genre: Law
ISBN:

In 2020, the African Charter on the Rights and Welfare of the Child (ACRWC) celebrates 30 years since its adoption. To date, 50 African States have ratified the ACRWC, and 28 have submitted the initial report, 12 have submitted both initial and periodic reports to the African Committee of Experts on the African Charter on the Rights and Welfare of the Child (ACERWC) on the implementation of the ACRWC and have received recommendations from the ACERWC. To ascertain the extent of children’s rights protection in Africa, the Centre for Human Rights was commissioned to undertake a study on the implementation of the ACRWC in 10 countries, namely: Algeria, Burkina Faso, Burundi, Cameroon, Ethiopia, Ghana, Mozambique, Namibia, Sudan and Tanzania. In-country researchers were engaged to collect data using desk-based research to obtain information consisting of literature, documents and online sources that was then thematically analysed.

The African Children's Charter

The African Children's Charter
Author: Julia Sloth-Nielsen
Publisher:
Total Pages: 272
Release: 2011-06-28
Genre:
ISBN: 9780754679110

Ten years after the coming into force of the African Charter on the Rights and Welfare of the Child, this volume presents an analysis of its progress so far. Looking both backward and forward it provides a reflection on successes and achievements of the past, as well as setting an agenda for the future.

The Status of the Implementation of the African Children's Charter

The Status of the Implementation of the African Children's Charter
Author: Elvis Fokala
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN: 9781991213167

In 2020, the African Charter on the Rights and Welfare of the Child (ACRWC) celebrates 30 years since its adoption. To date, 50 African States have ratified the ACRWC, and 28 have submitted the initial report, 12 have submitted both initial and periodic reports to the African Committee of Experts on the African Charter on the Rights and Welfare of the Child (ACERWC) on the implementation of the ACRWC and have received recommendations from the ACERWC. To ascertain the extent of children's rights protection in Africa, the Centre for Human Rights was commissioned to undertake a study on the implementation of the ACRWC in 10 countries, namely: Algeria, Burkina Faso, Burundi, Cameroon, Ethiopia, Ghana, Mozambique, Namibia, Sudan and Tanzania. In-country researchers were engaged to collect data using desk-based research to obtain information consisting of literature, documents and online sources that was then thematically analysed."

The African Charter on the Rights and Welfare of the Child

The African Charter on the Rights and Welfare of the Child
Author: Thoko Kaime
Publisher: PULP
Total Pages: 260
Release: 2009
Genre: African Charter on the Rights and Welfare of the Child
ISBN: 0981442048

The African Charter on the Rights and Welfare of the Child: A socio-legal perspectiveby Thoko Kaime2009ISBN: 978-0-9814420-4-4Pages: xii 247Print version: AvailableElectronic version: Free PDF available.

State party reporting and the realisation of children’s rights in Africa

State party reporting and the realisation of children’s rights in Africa
Author: Remember Miamingi
Publisher: Pretoria University Law Press
Total Pages: 349
Release: 2020-01-01
Genre: Law
ISBN: 1920538879

About the publication Human rights norms will largely remain hollow if they are not translated into the lived realities of people on the ground. Given the diversity and complexities of human rights norms, the arrays of institutions, mechanisms and resource required to give full effect to these norms, implementation of human rights norms is a continuous and progressive undertaking. Progress, to be meaningful, should have milestones and mechanisms for tracking it. The reporting mechanisms are human rights’ monitoring and evaluation plans and systems to track progressive implementation. This book provides an assessment of the reporting mechanisms of child rights treaty bodies. It highlights what is working or not working and why, making recommendations for further improvement of the reporting mechanism to better work for children in Africa. The findings and recommendations in the book are based on a study commissioned by the Centre for Human Rights, to assess the effects of reporting to United Nations and African Union child rights treaty bodies on the enjoyment of rights, protection and welfare of children in Africa. It covers 17 African countries, and provides a historical snapshot of the situation as at the end of 2017.

Enforcement of Human Rights in Ethiopia

Enforcement of Human Rights in Ethiopia
Author: Yohannes Eneyew Ayalew
Publisher: Imprint Addis Ababa University - School of Law
Total Pages: 225
Release: 2023-05-25
Genre: Law
ISBN:

Enforcement has not been the most practiced business in the field of human rights in Ethiopia. The absence of effective enforcement can be attributed to various factors, including the absence of a normative framework, insufficient political commitment, inadequate institutional capacity and resources, and limited awareness. Despite recent legal reform initiatives purportedly driven by human rights demands, it remains uncertain whether enforcement has undergone any significant changes. Effective enforcement of human rights necessitates the existence of robust multi-layered institutions at the national, sub-regional, regional, and international levels. However, in Ethiopia, concerns have been raised about the capability of numerous normative instruments and mechanisms of human rights. This volume comprises a collection of papers presented at a hybrid conference held at the Hilton Hotel Addis in April 2022. The conference, organized by the School of Law of Addis Ababa University in collaboration with Friedrich Ebert-Stiftung, Ethiopia, centered around the theme "Enforcement of Human Rights in Ethiopia: Old and New Challenges." Its primary objective was to identify and analyze both old and new challenges in human rights enforcement in Ethiopia and propose strategies to overcome them. The editors of this volume intend for it to address scholarly gaps in the implementation and enforcement of human rights in Ethiopia. Among the notable findings from the chapters included in this volume is a significant disparity between recently reformed laws passed by the parliament and their execution by the executive body. This disconnect demonstrates a failure to prioritize and enforce human rights in the country. As such, the volume suggests that the Ethiopian government must take the business of human rights enforcement seriously.

Children Defending their Human Rights Under the CRC Communications Procedure

Children Defending their Human Rights Under the CRC Communications Procedure
Author: Sonja C. Grover
Publisher: Springer
Total Pages: 324
Release: 2014-11-03
Genre: Law
ISBN: 3662444437

This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children’s Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communication procedure (its first iteration since entry into force 14 April, 2014) are examined and suggestions for strengthening of the mechanism in various respects considered. Actual cases concerning children’s fundamental human rights in various domains and brought under various international human rights mechanisms are considered as hypothetical OP3-CRC communications/complaints. In addition certain domestic cases brought to the highest State Court are considered as hypothetical OP3-CRC communications brought after exhaustion of domestic remedies. In this way various significant weaknesses of the OP3-CRC are illustrated in a compelling meaningful case context and needed amendments highlighted.

African Human Rights Yearbook Volume 4 2020

African Human Rights Yearbook Volume 4 2020
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.

Research Handbook on Implementation of Human Rights in Practice

Research Handbook on Implementation of Human Rights in Practice
Author: Rachel Murray
Publisher: Edward Elgar Publishing
Total Pages: 364
Release: 2022-11-25
Genre: Law
ISBN: 1800372280

Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.

African Human Rights Law Journal Volume 20 No 2 2020

African Human Rights Law Journal Volume 20 No 2 2020
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).