Human rights adjudication in Africa: Challenges and opportunities within the African Union and sub-regional human rights systems

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Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 315 pages
Book Rating : 4./5 ( download)

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Book Synopsis Human rights adjudication in Africa: Challenges and opportunities within the African Union and sub-regional human rights systems by : Alejandro Fuentes

Download or read book Human rights adjudication in Africa: Challenges and opportunities within the African Union and sub-regional human rights systems written by Alejandro Fuentes and published by Pretoria University Law Press. This book was released on 2024-02-26 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collection of chapters contained in this book originates from the first Raoul Wallenberg Institute Regional Africa Academic Network Conference held at the University of Zimbabwe, Harare, Zimbabwe in October 2022. The main aim of this book is to advance an understanding of the way Africa regional and sub-regional human rights systems contribute to access to justice on the continent and to generate further knowledge about the institutions that make up the African human rights adjudication system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child and sub-regional courts, such as the Economic Community of West African States Community Court of Justice.

Human Rights Adjudication in Africa

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (143 download)

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Book Synopsis Human Rights Adjudication in Africa by : Alejandro Fuentes

Download or read book Human Rights Adjudication in Africa written by Alejandro Fuentes and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collection of chapters contained in this book originates from the first Raoul Wallenberg Institute Regional Africa Academic Network Conference held at the University of Zimbabwe, Harare, Zimbabwe in October 2022. The main aim of this book is to advance an understanding of the way Africa regional and sub-regional human rights systems contribute to access to justice on the continent and to generate further knowledge about the institutions that make up the African human rights adjudication system, the African Court on Human and Peoples' Rights, the African Commission on Human and Peoples' Rights, the African Committee of Experts on the Rights and Welfare of the Child and sub-regional courts, such as the Economic Community of West African States Community Court of Justice.

Constitutional Adjudication in Africa

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Publisher : Oxford University Press
ISBN 13 : 0198810210
Total Pages : 417 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Constitutional Adjudication in Africa by : Charles Manga Fombad

Download or read book Constitutional Adjudication in Africa written by Charles Manga Fombad and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance. These developments appear, at least from the texts of the revised or new constitutions, to have resulted in fundamental changes in the nature and role of courts exercising jurisdiction in constitutional matters. The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on the continent. Comparative analysis is particularly important given the fact that over the last two decades, constitutional courts in Africa have been asked to decide a litany of hotly-contested and often sensitive disputes of a social, political, and economic nature. As the list of areas in which these courts have intervened has grown, so too have their powers, actual or potential. By identifying and examining the different models of constitutional review adopted, these chapters consider the extent to which these courts are contributing to enhancing constitutionalism and respect for the rule of law on the continent. The chapters show how the long-standing negative image of African courts is slowly changing. The courts have in responded in different ways to the variety of constraints, incentives, and opportunities that have been provided by the constitutional reforms of the last two decades to act as the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication.

International Human Rights and their Enforcement in Africa

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Publisher : African Books Collective
ISBN 13 : 9966530029
Total Pages : 532 pages
Book Rating : 4.9/5 (665 download)

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Book Synopsis International Human Rights and their Enforcement in Africa by : Kiwinda Mbondenyi

Download or read book International Human Rights and their Enforcement in Africa written by Kiwinda Mbondenyi and published by African Books Collective. This book was released on 2011-12-29 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Protection of Economic, Social and Cultural Rights in Africa

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Publisher : Cambridge University Press
ISBN 13 : 1107173655
Total Pages : 609 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Protection of Economic, Social and Cultural Rights in Africa by : Danwood Mzikenge Chirwa

Download or read book The Protection of Economic, Social and Cultural Rights in Africa written by Danwood Mzikenge Chirwa and published by Cambridge University Press. This book was released on 2016-10-20 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.

The African Court of Justice and Human and Peoples' Rights in Context

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Publisher : Cambridge University Press
ISBN 13 : 110842273X
Total Pages : 1199 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The African Court of Justice and Human and Peoples' Rights in Context by : Charles C. Jalloh

Download or read book The African Court of Justice and Human and Peoples' Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Socio-economic Rights

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Publisher : Juta and Company Ltd
ISBN 13 : 9780702184802
Total Pages : 572 pages
Book Rating : 4.1/5 (848 download)

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Book Synopsis Socio-economic Rights by : Sandra Liebenberg

Download or read book Socio-economic Rights written by Sandra Liebenberg and published by Juta and Company Ltd. This book was released on 2010 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.

Human Dignity and the Adjudication of Environmental Rights

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Publisher : Edward Elgar Publishing
ISBN 13 : 178990594X
Total Pages : 304 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Human Dignity and the Adjudication of Environmental Rights by : Dina L. Townsend

Download or read book Human Dignity and the Adjudication of Environmental Rights written by Dina L. Townsend and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on contemporary debates in philosophy and legal theory, this ground-breaking book provides a compelling enquiry into the nature of human dignity. The author not only illustrates that dignity is a concept that can extend our understanding of our environmental impacts and duties, but also highlights how our reliance on and relatedness to the environment further extends and enhances our understanding of dignity itself.

The African Regional Human Rights System

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004218149
Total Pages : 629 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The African Regional Human Rights System by : Manisuli Ssenyonjo

Download or read book The African Regional Human Rights System written by Manisuli Ssenyonjo and published by Martinus Nijhoff Publishers. This book was released on 2011-12-23 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Theory of African Constitutionalism

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Publisher : Oxford University Press
ISBN 13 : 0192646141
Total Pages : 272 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis A Theory of African Constitutionalism by : Berihun Adugna Gebeye

Download or read book A Theory of African Constitutionalism written by Berihun Adugna Gebeye and published by Oxford University Press. This book was released on 2021-07-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.

The Implementation of the Findings of the African Commission on Human and Peoples' Rights

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Publisher : Cambridge University Press
ISBN 13 : 1107054923
Total Pages : 313 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Implementation of the Findings of the African Commission on Human and Peoples' Rights by : Rachel Murray

Download or read book The Implementation of the Findings of the African Commission on Human and Peoples' Rights written by Rachel 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?

Human Rights in Commonwealth Africa

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Publisher : Rowman & Littlefield
ISBN 13 : 9780847674336
Total Pages : 276 pages
Book Rating : 4.6/5 (743 download)

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Book Synopsis Human Rights in Commonwealth Africa by : Rhoda E. Howard-Hassmann

Download or read book Human Rights in Commonwealth Africa written by Rhoda E. Howard-Hassmann and published by Rowman & Littlefield. This book was released on 1986 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.

International Human Rights Law in Africa

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Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 726 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Human Rights Law in Africa by : Frans Viljoen

Download or read book International Human Rights Law in Africa written by Frans Viljoen and published by Oxford University Press, USA. This book was released on 2007-09-06 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a comprehensive analytical overview of human rights in Africa, dealing particularly with the African regional system of human rights protection. Four themes are followed throughout the book, these are: the principle of uti possidetis, the tensions in the modern post-colonial African state; poverty; and the interrelationship between national and international human rights protection.

The African Human Rights System

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Publisher : Springer
ISBN 13 : 0230106544
Total Pages : 182 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis The African Human Rights System by : K. Kufuor

Download or read book The African Human Rights System written by K. Kufuor and published by Springer. This book was released on 2010-04-26 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The African Human Rights System

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Publisher : BRILL
ISBN 13 : 9004481060
Total Pages : 478 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The African Human Rights System by : Vincent O. Nmehielle

Download or read book The African Human Rights System written by Vincent O. Nmehielle and published by BRILL. This book was released on 2021-09-13 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a comprehensive treatment of the African human rights system in terms of the laws, practice, and institutions of the system. The volume discusses, analyzes, and evaluates normative instruments of the African system: the Charter of the Organization of the African Unity (OAU), and the African Charter on Human and Peoples' Rights, presenting article-by-article analysis of its provisions and those of the Protocol on the Establishment of the African Court on Human and Peoples' Rights. Similarly the OAU (now the African Union), the African Commission on Human and Peoples' Rights, and the proposed African Court on Human Rights, as institutions of the system, are discussed. The book emphasizes a comparative approach and presents a summary of the UN, the European and the Inter-American human rights mechanisms with regard to their impact on the African system. The role of NGOs in the African system is also considered, as well as the controversial issue of human rights in pre-colonial and colonial Africa.

Corruption and Human Rights Law in Africa

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782254528
Total Pages : 442 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Corruption and Human Rights Law in Africa by : Kolawole Olaniyan

Download or read book Corruption and Human Rights Law in Africa written by Kolawole Olaniyan and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.

Preventing Irreparable Harm

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Publisher :
ISBN 13 :
Total Pages : 1282 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Preventing Irreparable Harm by : Eva R. Rieter

Download or read book Preventing Irreparable Harm written by Eva R. Rieter and published by . This book was released on 2010 with total page 1282 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.