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General Comments On Article 14 1 D And E Of The Protocol To The African Charter On Human And Peoples Rights On The Rights Of Women In Africa
Download General Comments On Article 14 1 D And E Of The Protocol To The African Charter On Human And Peoples Rights On The Rights Of Women In Africa full books in PDF, epub, and Kindle. Read online General Comments On Article 14 1 D And E Of The Protocol To The African Charter On Human And Peoples Rights On The Rights Of Women In Africa ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa: a commentary by : Frans Viljoen
Download or read book The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa: a commentary written by Frans Viljoen and published by Pretoria University Law Press. This book was released on 2023-08-28 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first in a series of PULP commentaries on African human rights law, under the series title: PULP Commentaries on African human rights law Since its adoption on 11 July 2003, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) has become a landmark on the African human rights landscape. It has steadily gained prominence as a trail-blazing instrument, responsive to the diverse realities of women on the African continent. This comprehensive Commentary on the Maputo Protocol, the first of its kind, provides systematic analysis of each article of the Protocol, delving into the drafting history, and elaborating on relevant key concepts and normative standards. This Commentary aims to be a ‘one-stop-shop’ for anyone interested in the Maputo Protocol, such as researchers, teachers, students, practitioners, policymakers and activists.
Book Synopsis The African Charter on Human and Peoples' Rights by : Rachel Murray
Download or read book The African Charter on Human and Peoples' Rights written by Rachel Murray and published by Oxford University Press. This book was released on 2019-02-14 with total page 1165 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis COVID-19 and women’s intersectionalities in Africa by : Ashwanee Budoo-Scholtz
Download or read book COVID-19 and women’s intersectionalities in Africa written by Ashwanee Budoo-Scholtz and published by Pretoria University Law Press. This book was released on 2023-05-23 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: COVID-19 has become one of the most severe issues dominating discussions on the agendas of states globally, and across the African continent, since its emergence in 2019. The COVID-19 pandemic has regrettably brought into sharp focus the continued multiple and intersecting forms of discrimination faced by women and girls in Africa because of their intersecting identities. Yet, paradoxically, although African women are disproportionately affected by the crisis, they are largely invisible in the responses. Several African states and governments have taken different policy measures in response to the pandemic. These responses have taken different dimensions, including shutting down economies, imposition of lockdowns, coercive quarantine measures with police enforcement and criminal consequences for offenders violating these rules. Unfortunately, these responses have reinforced and amplified women’s disproportionate disadvantage and gender inequalities in Africa. Against this backdrop, this book asks the intersectional question about women’s experiences during the COVID-19 pandemic in Africa. Applying an intersectional human rights lens involves questioning how the intersecting identities that African women embody affect their experiences of the COVID-19 pandemic.
Book Synopsis The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol by : Patricia Schulz
Download or read book The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol written by Patricia Schulz and published by Oxford University Press. This book was released on 2023-03-02 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.
Book Synopsis Development-induced Displacement and Human Rights in Africa by : Romola Adeola
Download or read book Development-induced Displacement and Human Rights in Africa written by Romola Adeola and published by Routledge. This book was released on 2020-09-21 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the context of the 2009 Kampala Convention, this book examines how a balance can be struck between the imperative of development projects and the rights of persons likely to be displaced in Africa. Following independence, many African states embarked on large-scale development projects such as dams, urban renewal and extraction of natural resources and have had to grapple with how to protect displaced communities while implementing development projects. These projects were considered a panacea for Africa’s development and the economic interests of the majority were often considered over and above the interests of the minority of people who were displaced by these projects .This book examines how a balance can be struck between the imperative of development and the rights of displaced persons within the context of the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention). Romola Adeola analyses the obligations that are placed on African states by the Kampala Convention in the context of development-induced displacement. This book will be of interest to scholars of human rights law, forced migration, African Studies and development.
Book Synopsis Violence Against Women and Criminal Justice in Africa: Volume I by : Emma Charlene Lubaale
Download or read book Violence Against Women and Criminal Justice in Africa: Volume I written by Emma Charlene Lubaale and published by Springer Nature. This book was released on 2021-11-27 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Volume I focusses on legislation and its impact, the limitations of criminal justice responses, and the cultural and social norms regarding access to justice. Volume II examines sexual violence and vulnerable women’s access to justice in Africa. 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.
Book Synopsis The Implementation of the Findings of the African Commission on Human and Peoples' Rights by : Rachel H. Murray
Download or read book The Implementation of the Findings of the African Commission on Human and Peoples' Rights written by Rachel H. Murray and published by Cambridge University Press. This book was released on 2015-05-28 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: By what process and mechanisms can the findings of the African Commission be implemented and that implementation monitored?
Book Synopsis COVID-19 and the Right to Health in Africa by : Ebenezer Durojaye
Download or read book COVID-19 and the Right to Health in Africa written by Ebenezer Durojaye and published by Taylor & Francis. This book was released on 2024-05-28 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection draws upon a range of thematic and regional case studies and uses the right to health as a normative framework to explore the devastating impact of the COVID-19 pandemic in Africa. Drawing lessons from across the continent, the book discusses the challenges faced by African states seeking to ensure the availability, accessibility, and quality of health care in the context of the COVID-19 pandemic. In particular, the volume explores the impact of the pandemic on the right to health of vulnerable and marginalized groups, such as women, children, elderly persons with disabilities, refugees and asylum seekers, and people from disadvantaged communities. Due to the poor funding of the healthcare systems, access to health-related services was limited to these groups in many African countries, thereby leading to avoidable COVID-19-related deaths through shortages of vital supplies, including diagnostic tests, ventilators, and oxygen cylinders. Chapters in the volume also explore the contentious issues of vaccine mandates, equity, resource allocation, and the rights of healthcare providers during the pandemic. This collection will be of interest to students of public health, human rights, and the social sciences, as well as to academics and policymakers with an interest in the nexus between the COVID-19 pandemic and public health policy in Africa.
Book Synopsis Judging International Human Rights by : Stefan Kadelbach
Download or read book Judging International Human Rights written by Stefan Kadelbach and published by Springer. This book was released on 2019-04-15 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Book Synopsis Alternative Approaches to Human Rights by : Christopher Roberts
Download or read book Alternative Approaches to Human Rights written by Christopher Roberts and published by Cambridge University Press. This book was released on 2022-11-24 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the comparative historical evolution of the European, Inter-American and African regional human rights systems. The book devotes attention to various factors that have shaped the systems: the different circumstances in which they were founded; the influence of major states and inter-state politics within their respective regions; gradual processes of institutional evolution; and the impact of human rights advocates and claimants. Throughout, the book devotes careful attention to the impact of institutional and procedural choices on the functioning of human rights systems. Overarchingly, the book explores the contextually-generated differences between the three systems, suggesting that human rights practice is less unitary than it might at times appear. Prescriptively, the book proposes that, contrary to the received wisdom in some quarters, the Inter-American system's dual-track approach may provide the most promising model in regards to future human rights system design.
Book Synopsis Litigating the Right to Health in Africa by : Ebenezer Durojaye
Download or read book Litigating the Right to Health in Africa written by Ebenezer Durojaye and published by Routledge. This book was released on 2016-03-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right. With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies. This book will be valuable reading to scholars, researchers, policymakers, activists and students interested in the right to health.
Book Synopsis Violence Against Women and Criminal Justice in Africa: Volume II by : Ashwanee Budoo-Scholtz
Download or read book Violence Against Women and Criminal Justice in Africa: Volume II written by Ashwanee Budoo-Scholtz and published by Springer Nature. This book was released on 2021-11-02 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Choice and conscience: Lessons from South Africa for a global debate by : Satang Nabaneh
Download or read book Choice and conscience: Lessons from South Africa for a global debate written by Satang Nabaneh and published by Pretoria University Law Press. This book was released on 2023-11-08 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Tracing the Roles of Soft Law in Human Rights by : Stéphanie Lagoutte
Download or read book Tracing the Roles of Soft Law in Human Rights written by Stéphanie Lagoutte and published by Oxford University Press. This book was released on 2016-11-10 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes. Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.
Book Synopsis A Theory on Africanizing International Law by : Micha Wiebusch
Download or read book A Theory on Africanizing International Law written by Micha Wiebusch and published by Pretoria University Law Press. This book was released on 2024-07-01 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the publication Key reference work for diplomats and legal experts participating in international legal negotiations and transnational policy debates on governing the African continent. Highly recommended for developing courses, reading lists and other teaching materials on African International Law and African International Relations. Instrumental for developing innovative and impact-oriented research and policy strategies on the politics of making and implementing African International Law. What is African about African international law? The main aim of this book is to answer this question by developing a theory to explain how and why international law is Africanized. This includes explaining how Africanization relates both to the extent of continental norm setting by the Organization of African Unity and later the African Union, as the principal agent responsible for ‘African solutions to African problems’, and to the degree to which this African International Organization enforces these norms through varied continental accountability mechanisms. In this specific context, the book considers the different modalities through which the idea of Africa shapes, is shaped by and is embedded in international law making and implementation.
Book Synopsis The Legal Protection of Women From Violence by : Rashida Manjoo
Download or read book The Legal Protection of Women From Violence written by Rashida Manjoo and published by Routledge. This book was released on 2018-03-22 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.
Book Synopsis Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa by : Ololade Shyllon
Download or read book Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa written by Ololade Shyllon and published by Pretoria University Law Press. This book was released on 2018-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography
