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.
Download or read book Access to Justice and Legal Aid written by Asher Flynn and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Download or read book Human Rights Jurisprudence in East Africa written by Palamagamba John Kabudi and published by . This book was released on 1995 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seit der Aufnahme von Menschenrechten in die Verfassung Tansanias im Jahre 1984 verfugen alle drei ostafrikanischen Staaten uber verfassungsrechtlich garantierte einklagbare Individualrechte. In einer vergleichenden Studie werden die Ausgestaltung der Grundrechte und -freiheiten in den Menschenrechtskatalogen (bills of rights) der Verfassungen Tansanias, Kenias und Ugandas, auch im Lichte der bestimmenden historischen, politischen, okonomischen und sozialen Faktoren, untersucht. Mit seiner detaillierten Analyse der Gerichtsentscheidungen in bezug auf die Durchsetzung der verfassungsrechtlichen Individualrechte und die Einbeziehung sowohl internationaler Menschenrechtskonventionen als auch auslandischer Rechtsprechung in der Praxis der Gerichte ist das Buch zugleich ein Beitrag zur Verfassungsrechtsvergleichung.Der Band zeigt Entwicklungen, Defizite und Alternativen auf und ist damit wichtig sowohl fur vergleichende Rechtswissenschaftler in Europa als auch fur Verfassungsrechtler und Rechtsanwalte in Ubersee. Der Autor ist Dozent an der Universitat Dar es Salaam, Tansania.
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.
Download or read book The Performance of Africa s International Courts written by James Thuo Gathii and published by Oxford University Press, USA. This book was released on 2020-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.
Download or read book The African Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2016-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Download or read book East African Community Law written by Emmanuel Ugirashebuja and published by BRILL. This book was released on 2017-03-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
Download or read book Promoting Accountability under International Law for Gross Human Rights Violations in Africa written by Charles Chernor Jalloh and published by BRILL. This book was released on 2015-07-14 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promoting Accountability under International Law for Gross Human Rights Violations in Africa is pre-eminently a study on the work and contribution of the first international judicial mechanism, the International Criminal Tribunal for Rwanda (ICTR), devoted exclusively to challenging impunity for serious international crimes committed in Africa. This volume is dedicated to the eminent international jurist Justice Hassan Bubacar Jallow, the Tribunal’s longest serving Chief Prosecutor and the first prosecutor of the United Nations Mechanism for International Criminal Tribunals. The noted scholar and practitioner contributors discuss various aspects of the law, jurisprudence and practice of the Tribunal over its twenty year existence, while also drawing lessons for current and future international courts such as the International Criminal Court. Themes covered include the role of the international prosecutor; the prosecution of sexual and gender-based crimes; the relationship between national and international courts; the role of other international institutions in challenging impunity; and the role of African languages in international criminal trials. Given its wide ranging substantive coverage, this book will be invaluable to anyone interested in criminal justice, human rights and humanitarian law whether in Africa or other parts of the world.
Download or read book Human Rights Law in Africa 1998 written by Christof Heyns and published by Martinus Nijhoff Publishers. This book was released on 2001-04-11 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: - Statute of the ICTR.
Download or read book Human Rights NGOs in East Africa written by Makau Mutua and published by University of Pennsylvania Press. This book was released on 2013-05-29 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights nongovernmental organizations (NGOs) are by definition not part of the state. Rather, they are an element of civil society, the strands of the fabric of organized life in countries, and crucial to the prospect of political democracy. Civil society is a very recent phenomenon in East African nations, where authoritarian regimes have prevailed and human rights watchdogs have had a critical role to play. While the state remains one of the major challenges to human rights efforts in the countries of the region, other problems that are internal to the human rights movement are also of a serious nature, and they are many: What are the social bases of the human rights enterprise in transitional societies? What mandate can human rights NGOs claim, and in whose name do they operate? Human Rights NGOs in East Africa critically explores the anatomy of the human rights movement in the East African region, examining its origins, challenges, and emergent themes in the context of political transitions. In particular, the book seeks to understand the political and normative challenges that face this young but vibrant civil society in the vortex of globalization. The book brings together the most celebrated human rights thinkers in East Africa, enriched by contributions from their colleagues in South Africa and the United States. To date, very little has been written about the struggles and accomplishments of civil society in the nations of East Africa. This book will fill that gap and prove to be an invaluable tool for understanding and teaching about human rights in this complex and vital part of the world.
Download or read book Natural Resource Sovereignty and the Right to Development in Africa written by Carol Chi Ngang and published by Routledge. This book was released on 2021-08-25 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.
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 2019-02-07 with total page 897 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.
Download or read book East African Journal of Peace Human Rights written by and published by . This book was released on 2005 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Compliance with International Human Rights Law in Africa written by Aderomola Adeola and published by Oxford University Press. This book was released on 2022-02-03 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.
Download or read book International Human Rights Law in Africa written by Frans Viljoen and published by OUP Oxford. This book was released on 2012-03-29 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communitites in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament, the Peace and Security Council, the Economic, Social and Cultural Council and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights, which entered into force on 21 October 1986. This new edition contains a new chapter on the African Children's Rights Committee as well as full coverage of new developments and instruments, such as the Convention on the Rights of Persons with Disabilities, the Convention on Enforced Disappearances, and the African Charter on Democracy, Elections and Governance. Three cross-cutting themes are explored throughout the book: national implementation and enforcement of international human rights law; legal and other forms of integration; and the role of human rights in the eradication of poverty. The book also provides an introduction to the relevant human rights concepts.
Download or read book The Law and Politics of International Human Rights Courts written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2024-08-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining perspectives from law and the social sciences, this book provides an account of the origins and evolution of six regional human rights courts. In each of these cases, judges sought to overcome political forces and legal obstacles that threatened to render the regime stillborn. Alec Stone Sweet and Wayne Sandholtz focus on the struggle to raise standards of rights protection within multi-level "transnational systems of justice." A transnational system of justice is comprised of three components: a charter of rights; a court tasked with enforcing the charter; and the right of individuals to petition the court with a claim that their rights have been violated. The book analyzes the law and politics of such systems in diverse areas, including torture, inhuman treatment, non-discrimination, due process and access to justice, free expression, privacy and family, and other freedoms. In some cases, state officials have at times strongly supported enhancing the effectiveness of rights protections. In others, the activities of the courts have generated significant political "backlash," leading state officials to act to curb the court's authority, or to exit the regime altogether. The book describes and evaluates these attempts, the results of which have been mixed, with most court-curbing exercises failing.
Download or read book Human Rights Manual and Sourcebook for Africa written by Keir Starmer and published by BIICL. This book was released on 2005 with total page 1486 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the issue of human rights in Africa is making many advances, Human Rights Sourcebook and Manual for Africa introduces easy-to-use jurisprudence. The first section covers key principles and human rights norms which are detailed in straightforward language. The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty. The third section summarizes key case law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and include a headnote of relevant concepts for quick reference. The fourth section focuses on thirteen African countries, yet the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa. Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research includes visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row.
