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Journal articles on the topic 'African human rights law'

Author: Grafiati

Published: 24 April 2022

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1

Manirakiza, Pacifique. "Towards a Right to Resist Gross Undemocratic Practices in Africa." Journal of African Law 63, S1 (2019): 81–105. http://dx.doi.org/10.1017/s0021855319000020.

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AbstractThe adoption of the African Charter on Democracy, Elections and Governance (ACDEG) has been a milestone for the transformation of Africa's political landscape. This instrument seeks to expand on the ideals of liberal democracy enshrined in the Constitutive Act of the African Union and other African fundamental instruments. The ACDEG seems to pave the way for the right to democracy for Africans, which entails, inter alia, political sovereignty of African citizens. The latter have clearly and vigorously exercised their sovereignty through elections when given such an opportunity. However

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GRANT, EVADNÉ. "HUMAN RIGHTS, CULTURAL DIVERSITY AND CUSTOMARY LAW IN SOUTH AFRICA." Journal of African Law 50, no. 1 (2006): 2–23. http://dx.doi.org/10.1017/s0021855306000039.

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In the joined cases of Bhe v. Magistrate Khayelitsha and Others; Shibi v. Sithole and Others; South African Human Rights Commission and Another v. President of the Republic of South Africa and Another (2005(1) B.C.L.R. 1 (CC)), the South African Constitutional Court held unanimously that the male primogeniture rule according men rights to inheritance not enjoyed by women enshrined in the South African Customary Law of Succession violated the right to equality guaranteed under section 9 of the South African Constitution. On one level, the decision can be seen as a triumph for the universality o

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BERNA, Maria Beatrice. "Customary Law and Woman s Rights within the African System of Human Rights Protection." Logos Universality Mentality Education Novelty: Law IV, no. 1 (2015): 41–55. http://dx.doi.org/10.18662/lumenlaw.2015.0401.05.

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Mujuzi, Jamil Ddamulira. "The Right to Compensation for Wrongful Conviction/Miscarriage of Justice in International Law." International Human Rights Law Review 8, no. 2 (2019): 215–44. http://dx.doi.org/10.1163/22131035-00802003.

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Human rights treaties (including Article 14(6) of the International Covenant on Civil and Political Rights (iccpr); Article 3 of the Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms; and Article 10 of the American Convention on Human Rights) explicitly protect the right to compensation for wrongful conviction or miscarriage of justice. The African Charter on Human and Peoples’ Rights is silent on this right. The Human Rights Committee, the European Court of Human Rights, the African Commission on Human and Peoples’ Rights and the Inter-Ameri

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5

Durojaye, Ebenezer. "An analysis of the contribution of the African human rights system to the understanding of the right to health." African Human Rights Law Journal 21, no. 2 (2021): 1–31. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a30.

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The right to health is one of the important rights guaranteed in international and regional human rights instruments. Over the years the content and nature of this right have evolved through the works of scholars and clarifications provided by human rights treaty bodies. Focusing on the work of the African Commission on Human and Peoples' Rights, this article assesses the contributions of the African human rights system towards the advancement of the right to health. It outlines some of the major achievements in terms of normative framework as exemplified by the provisions of the Protocol to t

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Mujuzi, Jamil Ddamulira. "The African Commission on Human and Peoples’ Rights and its promotion and protection of the right to freedom from discrimination." International Journal of Discrimination and the Law 17, no. 2 (2017): 86–136. http://dx.doi.org/10.1177/1358229117712828.

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The African Commission on Human and Peoples’ Rights, the African Commission, was established by the African Charter on Human and Peoples’ Rights, the African Charter, with the mandate to promote and protect human and peoples’ rights in Africa. The right to freedom from discrimination is one of the rights provided for in the African Charter. In this article, the author examines the individual communications, state party reports, concluding observations of the African Commission on state party reports and the resolutions passed by the African Commission to highlight the ways in which the African

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Joshua, Ayobami, and Simisola Akintoye. "EVALUATION OF THE RULE OF LAW AS A PRE-REQISITE TO THE RIGHT TO DEVELOPMENT IN AFRICA." Denning Law Journal 31, no. 1 (2020): 93–121. http://dx.doi.org/10.5750/dlj.v31i1.1717.

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Africa faces myriads of challenges one of which is the need for development; as a result, development is a critical issue in Africa. The apparent disparity and inequity of the global economic system in the aspect of international economic development, conspicuous particularly on the Africa continent has dominated academic discourses since the era of the decolonization of the undeveloped countries. One of the direct consequences of this was the evolution of right-based approach to development agenda which have implications for democracy and the rule of law; two elements that have suffered serio

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Bekker, Gina. "The African Court on Human and Peoples' Rights: Safeguarding the Interests of African States." Journal of African Law 51, no. 1 (2007): 151–72. http://dx.doi.org/10.1017/s0021855306000210.

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AbstractThis article examines the extent to which the decision to establish the African Court on Human and Peoples' Rights was motivated by the desire of African states to safeguard their own interests at the expense of effectively protecting human rights in Africa. Using an examination of the drafting history of the Banjul Charter and the establishment of the African Commission as a background, this article explores the potential implications for the future of human rights protection on the continent as a result of the creation of the African Court on Human and Peoples' Rights and its propose

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Okafor, Obiora C., and Godwin EK Dzah. "The African human rights system as 'norm leader': Three case studies." African Human Rights Law Journal 21, no. 2 (2021): 1–30. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a27.

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Africa (including its human rights system) is rarely imagined or considered an originator, agent and purveyor of ideas, including in the human rights sphere. On this occasion of the fortieth anniversary of the adoption of the 1981 African Charter on Human and Peoples' Rights which founded the African human rights system, it is only fitting that its contributions or otherwise to global human rights praxis, over these four decades, be examined from this perspective. Utilising the theory of the norm life cycle, developed by scholars of international relations who work within 'strategic social con

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10

Amoah, Jewel, and Tom Bennett. "The Freedoms of Religion and Culture under the South African Constitution: Do Traditional African Religions Enjoy Equal Treatment?" Journal of Law and Religion 24, no. 1 (2008): 1–20. http://dx.doi.org/10.1017/s0748081400001910.

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On Sunday, January 20, 2007, Tony Yengeni, former Chief Whip of South Africa's governing party, the African National Congress (ANC), celebrated his early release from a four-year prison sentence by slaughtering a bull at his father's house in the Cape Town township of Gugulethu. This time-honored African ritual was performed in order to appease the Yengeni family ancestors. Animal rights activists, however, decried the sacrifice as an act of unnecessary cruelty to the bull, and a public outcry ensued. Leading figures in government circles, including the Minister of Arts and Culture, Pallo Jord

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Ssenyonjo, Manisuli. "Culture and the Human Rights of Women in Africa: Between Light and Shadow." Journal of African Law 51, no. 1 (2007): 39–67. http://dx.doi.org/10.1017/s0021855306000258.

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AbstractDespite the ratification by African states of several human rights instruments protecting the human rights of women in Africa, and the solemn commitment of the African states to eliminate all forms of discrimination and harmful practices against women, women in Africa still continue to experience human rights violations. Most African women are denied the equal enjoyment of their human rights, in particular by virtue of the lesser status ascribed to them by tradition and custom, or as a result of overt or covert discrimination. Many women in Africa experience distinct forms of discrimin

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Palacios-Arapiles, Sara. "Unfolding Africa's Impact on the Development of International Refugee Law." Journal of African Law 65, S1 (2021): 9–33. http://dx.doi.org/10.1017/s0021855321000036.

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AbstractThis article traces the contributions of African states to the development of international refugee law and explores the role African human rights supervisory bodies have played in the interpretation and application of this field of law. While Africa's contributions to international refugee law are often overlooked, this article sets out to identify Africa's involvement in the drafting process of the UN Refugee Convention and its 1967 Protocol. It also explores the legal framework for refugees in Africa, in particular the OAU Refugee Convention and the Bangkok Principles on Status and

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Viljoen, Frans, and Adem Kassie Abebe. "Amicus CuriaeParticipation Before Regional Human Rights Bodies in Africa." Journal of African Law 58, no. 1 (2014): 22–44. http://dx.doi.org/10.1017/s0021855314000023.

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AbstractA solid stream of cases have been submitted to the quasi-judicial and judicial treaty monitoring bodies making up the African regional human rights system, namely the African Commission, the African Children's Rights Committee and the African Human Rights Court, and also to sub-regional courts in Africa. Allowingamicus curiaebriefs to supplement the parties' pleadings can enhance the soundness of the factual and legal findings of these bodies, especially given their institutional and practical constraints. Thus far, the use ofamicus curiaeinterventions before the African regional human

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Monono, Darren Ekema Ewumbue. "People's Right to a Nationality and the Eradication of Statelessness in Africa." Statelessness & Citizenship Review 3, no. 1 (2021): 33–58. http://dx.doi.org/10.35715/scr3001.113.

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The right to nationality, enshrined in art 15 of the Universal Declaration on Human Rights, is absent in the 1981 African Charter on Human and Peoples’ Rights, known as the Banjul Charter. On-going efforts by African institutions to address this gap, with a view to eradicating statelessness in the continent have, however, focused on the right to nationality as an individual right. This has undermined the spirit of the Banjul Charter, which consecrates peoples’ rights as an African specificity. This article highlights the Banjul-led African human rights system and its specificities of human rig

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15

Mangu, André Mbata B. "The Changing Human Rights Landscape in Africa: Organisation of African Unity, African Union, New Partnership for Africa's Development and the African Court." Netherlands Quarterly of Human Rights 23, no. 3 (2005): 379–408. http://dx.doi.org/10.1177/016934410502300304.

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As Pliny the Elder once put it, ‘ex Africa semper aliquid novi’. There is always some thing new coming out of Africa, and this time for the better. Over the last decade, some important developments unfolded on the African continent with the potential to impact on the future of African peoples. The African Union (AU) whose major purpose is to place Africa firmly on the road to development replaced the Organisation of African Unity (OAU). The New Partnership for Africa's Development (NEPAD) was launched to achieve African renaissance. The African Peer Review Mechanism (APRM) was devised as NEPAD

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Adeola, Romola, Frans Viljoen, and Trésor Makunya Muhindo. "A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights." Journal of African Law 65, S1 (2021): 131–51. http://dx.doi.org/10.1017/s0021855321000061.

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AbstractIn 2019, the African Commission on Human and Peoples’ Rights adopted General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)). In this general comment, the commission elaborated on the right to freedom of movement and residence within state borders. This issue, while explicit in international human rights law, is a challenge within various jurisdictions, including in Africa. This article provides a background to and commentary on General Comment No 5, leveraging on the insight of the authors, who participat

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Odumosu-Ayanu, Ibironke T., Obiora C. Okafor, and Sylvia Bawa. "The Socialization of Human Rights and the African Human Rights Action Plan: Issues, Challenges and Opportunities." African Journal of Legal Studies 14, no. 2 (2021): 139–66. http://dx.doi.org/10.1163/17087384-bja10060.

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Abstract This article critically analyzes human rights socialization in Africa through the lens of the draft African Human Rights Action Plan (AHRAP). It argues that the AHRAP presents a framework for human rights socialization, and it speaks to human rights socialization in distinctive ways. The article demonstrates that the AHRAP relies on African and international influences and seeks to propagate norms inspired by these influences. It analyzes three key issues from the AHRAP and discusses how those issues shape understanding of continental human rights socialization in Africa. These issues

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D'Sa, Rose M. "Human and Peoples′ Rights: Distinctive Features of the African Charter." Journal of African Law 29, no. 1 (1985): 72–81. http://dx.doi.org/10.1017/s0021855300005635.

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The African Charter on Human and Peoples' Rights was adopted unanimously in June, 1981, by the Organisation of African Unity (O.A.U.). Although it is not yet in force its adoption represents an important landmark in the protection and promotion of human rights on the African continent. The O.A.U. has in the past been sharply criticized for its apparent indifference to the suppression of human rights in a number of independent African States. Although the founding Charter of the O.A.U. of 1961 makes reference to the issue of human rights in Article II l (e) and also mentions in general terms th

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Mwakagali, Mpoki. "International Human Rights Law and Discrimination Protections." Brill Research Perspectives in Comparative Discrimination Law 1, no. 2 (2018): 1–78. http://dx.doi.org/10.1163/24522031-12340002.

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AbstractNon-discrimination is a fundamental principle of international human rights law. This volume discusses the international legal framework on this principle and comparatively elaborates the definition of discrimination as well as the grounds of discrimination in the various general and specialised international human rights treaties, including the International Labour Organisation conventions. The element of special measures as an integral aspect of this principle is also raised. A comparative discussion on the incorporation of international standards on the principle of non-discriminati

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20

Ssenyonjo, Manisuli. "The Crime of Unconstitutional Change of Government and Popular Uprisings in Africa: Issues and Challenges." African Journal of International and Comparative Law 28, no. 3 (2020): 432–65. http://dx.doi.org/10.3366/ajicl.2020.0322.

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Several African states have experienced military coups as a form of government change, undermining the constitutional change of governments, human rights and threats to regional peace and security in Africa. This article examines the crime of unconstitutional change of government in Africa. It considers the jurisdiction of the International Criminal Court (ICC) and the International Criminal Law section of the African Court of Justice and Human and Peoples’ Rights over the crime of unconstitutional change of government. It then examines the scope of the crime of unconstitutional change of gove

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Ocheje, Paul D. "Human Rights, The Rule of Law, and Development in Africa & Human Rights Under African Constitutions: Realizing the Promise for Ourselves." Windsor Yearbook of Access to Justice 25, no. 2 (2007): 369. http://dx.doi.org/10.22329/wyaj.v25i2.4619.

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Paul Tiyambe Zeleza & Philip J. McConnaughay,eds., Human Rights, The Rule of Law, andDevelopment in Africa&Abdullahi Ahmed An-Na’im, ed., Human RightsUnder African Constitutions: Realizing the Promise forOurselves

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22

BANDA, FAREDA. "BLAZING A TRAIL: THE AFRICAN PROTOCOL ON WOMEN'S RIGHTS COMES INTO FORCE." Journal of African Law 50, no. 1 (2006): 72–84. http://dx.doi.org/10.1017/s0021855306000076.

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The entry into force of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, 2003 on 25 November, 2005, marked the culmination of years of lobbying for a document which would promote and protect the human rights of the continent's women by African women's rights advocates. This commentary provides a brief historical overview of the process leading up to the adoption of the Protocol by the African Union in Maputo in July 2003 before moving on to consider its substantive provisions.

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Gilbert, Jérémie. "III. INDIGENOUS PEOPLES' HUMAN RIGHTS IN AFRICA: THE PRAGMATIC REVOLUTION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS." International and Comparative Law Quarterly 60, no. 1 (2011): 245–70. http://dx.doi.org/10.1017/s0020589310000746.

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The definition and scope of indigenous peoples' human rights are usually contentious in the context of Africa.2While in recent years indigenous peoples' human rights have expanded immensely internationally, in Africa indigenous peoples' rights are still perceived to be in their infancy.3At the United Nations, the group of African States delayed the process that finally led to the adoption of the United Nations Declaration of the Rights of Indigenous Peoples in 2007 (UNDRIP).4At a national level, most of the States in Africa are still reluctant to recognize the specific rights of indigenous peo

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Schäfer, Lawrence, Eóin Flannery, John McCracken, et al. "International Human Rights Law in an African Context." Journal of Southern African Studies 35, no. 2 (2009): 523–36. http://dx.doi.org/10.1080/03057070902920049.

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25

Heyns, Christof. "African Human Rights Law and the European Convention." South African Journal on Human Rights 11, no. 2 (1995): 252–63. http://dx.doi.org/10.1080/02587203.1995.11827563.

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Steyn, Lee. "Human rights issues in South African insolvency law." International Insolvency Review 13, no. 1 (2004): 1–25. http://dx.doi.org/10.1002/iir.115.

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Chongwe, Roger. "African charter on human and peoples’ rights." Commonwealth Law Bulletin 13, no. 4 (1987): 1605–12. http://dx.doi.org/10.1080/03050718.1987.9985943.

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28

Fahmy, Walid. "From the Establishment of the Court of Justice of the African Union to Malabo Protocol: The Defies to the Regional Judicial Mode of Protection of Human Rights." Russian Law Journal 7, no. 2 (2019): 165–93. http://dx.doi.org/10.17589/2309-8678-2019-7-2-165-193.

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The judicial method of dispute resolution has aroused in Africa countless turnarounds of positions, from rejection to acceptance, from construction to destruction, to allow its transformation. It seems to have recently stabilized in the figure of the African Court of Justice and Human Rights, merging the two existing regional judicial bodies. It is already known to us that the two Tribunals have two main pre-defined functions, one that deals with the resolution of conflicts between States of the continent and the other on the protection of human rights, which are quite different roles. So, in

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Ssenyonjo, Manisuli. "The Development of Economic, Social and Cultural Rights under the African Charter on Human and Peoples’ Rights by the African Commission on Human and Peoples’ Rights." International Human Rights Law Review 4, no. 2 (2015): 147–93. http://dx.doi.org/10.1163/22131035-00402002.

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During the last thirty years the African Commission on Human and Peoples’ Rights (African Commission) has decided several communications on economic, social and cultural (esc) rights protected under the African Charter on Human and Peoples’ Rights (African Charter). While the Commission was initially reluctant to develop the content of these rights, it has since 2001 been developing, at an expanding pace, the scope, content and nature of state obligations under African Charter to respect, protect and fulfil esc rights. This article seeks to provide a critical analysis of the burgeoning case la

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Mahalu, Costa R. "Human rights and development: an African perspective." Leiden Journal of International Law 1, no. 1 (1988): 15–24. http://dx.doi.org/10.1017/s0922156500000649.

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In this article the author elaborates upon the close relationship between the concepts of human rights and development, examined in relation to African legal practice. Development is considered as a comprehensive legal, economic, social, and cultural concept. According to the author the right to development may be claimed by individuals and peoples of developing nations. In this respect the African situation is carefully analyzed by the author. The African Charter for Human and Peoples Rights, which came into force in October, 1986, may be considered a first regional effort to promote human ri

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DU PLESSIS, MAX. "Professor John Dugard: A South African Perspective." Leiden Journal of International Law 20, no. 4 (2007): 955–64. http://dx.doi.org/10.1017/s0922156507004566.

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This article considers the work of John Dugard in the field of human rights and international law and the impact thereof on the South African legal landscape. After tracing the importance of Dugard's early work in South Africa in the fields of legal philosophy, human rights, and international law, the article turns to consider the later achievements in Dugard's prestigious career. The author highlights the numerous cases in which Dugard appeared as counsel before the South African courts, and considers the impact that Dugard had on the drafting of the South African Constitution in relation to

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Pillay, Judge Navi. "South Africa’s Engagement with International Human Rights Law." Stellenbosch Law Review 2021, no. 3 (2021): 356–85. http://dx.doi.org/10.47348/slr/2021/i3a1.

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The commitment to human rights is the cornerstone of the Constitution of the Republic of South Africa, 1996. However, South Africa’s human rights record in the international community often stands in stark contrast to its constitutional commitment to human rights. In both international and regional contexts, South Africa has demonstrated an inconsistent approach to foreign policy that is often guided more by political considerations than by a principled commitment to advancing human rights. This lecture provides an overview of South Africa’s engagement with international human rights law in th

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Ebobrah, Solomon, and Felix Eboibi. "Federalism and the Challenge of Applying International Human Rights Law Against Child Marriage in Africa." Journal of African Law 61, no. 3 (2017): 333–54. http://dx.doi.org/10.1017/s0021855317000195.

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AbstractFederalism presents a dilemma for the implementation of international human rights law in those African states that operate federal constitutions. Central governments in these states enjoy international legal personality, make treaties and represent their states as parties to those treaties, yet internal legislative competence over some issues regulated by treaty is commonly shared between central and regional governments. Consequently, while central governments bear responsibility for transforming international standards into national law, challenges arise in areas such as the protect

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Wiseberg, Laurie S. "The African Commission on Human and Peoples’ Rights." Issue: A Journal of Opinion 22, no. 2 (1994): 34–41. http://dx.doi.org/10.1017/s0047160700501917.

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In an article I wrote in the pages of this journal in 1976, I expressed considerable scepticism about the prospect of African governments drafting a human rights convention for Africa or establishing a regional human rights body similar to the European and Inter-American Commissions on Human Rights. Even though there had been calls for the creation of such a human rights mechanism as early as 1961, at the Lagos Conference on the Rule of Law, organized by the International Commission of Jurists (ICJ), I thought that the time did not yet “seem propitious for such a move.”

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Udombana, Nsongurua J. "So Far, So Fair: The Local Remedies Rule in the Jurisprudence of the African Commission on Human and Peoples' Rights." American Journal of International Law 97, no. 1 (2003): 1–37. http://dx.doi.org/10.2307/3087102.

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Pending the establishment of the African Court on Human and Peoples' Rights, the African Commission on Human and Peoples' Rights remains the only institutional body for the implementation of the rights guaranteed in the African Charter on Human and Peoples' Rights. The Assembly of Heads of State and Government of the Organization of African Unity (OAU), reconstituted as the African Union (AU), established the Commission in 1987, after the entry into force of the African Charter, in 1986, and pursuant to its Article 64 (1). The Commission was established, inter alia, “to promote human and peopl

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Gravett, Willem H. "Digital Neocolonialism: The Chinese Surveillance State in Africa." African Journal of International and Comparative Law 30, no. 1 (2022): 39–58. http://dx.doi.org/10.3366/ajicl.2022.0393.

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China has developed into a twenty-first-century surveillance state with unprecedented abilities to censor speech and infringe upon basic human rights. The effects of China's digital authoritarianism reach well beyond its national borders. The Chinese government has begun exporting its high-tech surveillance blueprint, and the censorship and surveillance technologies on which it is based, to authoritarian-leaning governments in Africa. This blueprint is suffused with the potential for developing surveillance societies in China's image, particularly in African countries with poor human rights re

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Naldi, Gino J. "Reparations in the Practice of the African Commission on Human and Peoples' Rights." Leiden Journal of International Law 14, no. 3 (2001): 681–93. http://dx.doi.org/10.1017/s0922156501000346.

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The African Commission on Human and Peoples' Rights, which is mandated under the African Charter on Human and Peoples' Rights with promoting and protecting human rights in Africa, has attracted considerable criticism for being an ineffectual body. One of the complaints is that the Charter based regime lacks an effective system of remedies. This paper examines whether this criticism is justified. An analysis of the jurisprudence of the African Commission proves that the Commission is patiently constructing a concept of reparations which has some similarities with that developed by the UN Human

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Ebobrah, Solomon T. "Africanising Human Rights in the 21st Century: Gay Rights, African Values and the Dilemma of the African legislator." International Human Rights Law Review 1, no. 1 (2012): 110–36. http://dx.doi.org/10.1163/22131035-00101007.

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Since the late 1990s, African political leaders have personified the disgust that African societies supposedly hold against homosexuality and sexual minorities. Relying on international human rights norms that require the protection of sexual minority rights, advocates have mounted sustained pressure on parliaments in Africa to decriminalise homosexuality and make law advantageous to sexual minorities. This article argues that focus on parliaments is not the best option as legislators face a dilemma when they have to choose between respect for international human rights norms and responsivenes

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O'Shea, Andreas. "A human rights court in an African context." Commonwealth Law Bulletin 26, no. 2 (2000): 1313–25. http://dx.doi.org/10.1080/03050718.2000.9986582.

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Krever, Tor. "A life in human rights: a conversation with Dennis Davis." London Review of International Law 9, no. 1 (2021): 137–60. http://dx.doi.org/10.1093/lril/lrab008.

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Abstract Dennis Davis is Judge of the High Court of South Africa, Judge President of the Competition Appeal Court, and Honorary Professor of Law at the University of Cape Town. In this wide-ranging conversation with Tor Krever, he reflects on his political and intellectual trajectory—from early encounters with Marx to anti-apartheid activism to a leading position in the South African judiciary—and his lifelong commitment to a radical left politics.

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Durojaye, Ebenezer. "Addressing Human Rights Concerns Raised by Mandatory HIV Testing of Pregnant Women through the Protocol to the African Charter on the Rights of Women." Journal of African Law 52, no. 1 (2008): 43–65. http://dx.doi.org/10.1017/s0021855308000028.

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AbstractThis article considers the importance of preventing mother to child transmission of HIV in Africa. It argues, however, that any approach to achieving this aim must be consistent with respect for human rights. In particular, it argues that mandatory HIV testing of pregnant women violates their rights to autonomy, health and reproductive care, and non-discrimination, all guaranteed in the Protocol to the African Charter on the Rights of Women and other international and regional human rights instruments. It concludes by arguing that respect for women's human rights should form the fulcru

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Vandenhole, Wouter. "De-Growth and Sustainable Development: Rethinking Human Rights Law and Poverty Alleviation." Law and Development Review 11, no. 2 (2018): 647–75. http://dx.doi.org/10.1515/ldr-2018-0033.

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Abstract In strong definitions, sustainable development has been argued to imply the prevalence of the environmental dimension over the economic one. The prioritization of the environmental (planet) and (arguably also the) social (people) pillar over the economic (profit) one may require a rather radical departure from assumptions of economic growth, including zero-growth or even de-growth, as argued in post-growth or ecological economics. This article asks the “what if” question. What if unorthodox, ecological economics got it right that post-growth or growth agnosticism is the new economic n

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Smit, Nicola. "The Contribution of Labour Law and Non-discrimination Law to Empowerment and Social Justice in an Unequal Society: A South African Perspective." International Journal of Comparative Labour Law and Industrial Relations 29, Issue 4 (2013): 375–90. http://dx.doi.org/10.54648/ijcl2013024.

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The tragic events at the Marikana mine ( North-West Province, South Africa) in 2012 again underlined the vast inequalities that persist in South African society. Significant income differentials and disparities in quality of life remain pervasive in society, regardless of the fact that the statutory framework addresses unfair discrimination during recruitment, employment and termination. The South African regulatory framework extends beyond the workplace as a result of the Constitution that includes a Bill of Rights, along with generally applicable equality provisions, skills developments legi

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Makumbe, Ruwadzano P. "An alternative conceptualization of indigenous rights in Africa under the international human rights law framework." Deusto Journal of Human Rights, no. 3 (December 11, 2018): 143. http://dx.doi.org/10.18543/djhr-3-2018pp143-172.

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<p>This article is a practice-based elucidation of how indigenous rights can be securely protected and implemented in the broader human rights discourse. The concept of indigeneity is contested in many African countries with the primary question being: Who is indigenous? The ‘politics of recognition’ have stalled the work of the African indigenous rights movement thus far and this paper builds upon the discourse on Indigenous rights, making a proposition towards an effective machinery to facilitate their protection. Therefore, the focus is to construct a different perspective which empha

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NDAHINDA, FELIX MUKWIZA. "Human Rights in African Political Institutions: Between Rhetoric, Practice, and the Struggle for International Visibility." Leiden Journal of International Law 20, no. 3 (2007): 699–715. http://dx.doi.org/10.1017/s0922156507004335.

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Rachel Murray, Human Rights in Africa: From the OAU to the African Union, Cambridge, Cambridge University Press, 2004, ISBN-13: 9780521839174, ISBN-10: 0521839173, 349 pp., £50.00 (hb).M. Mubiala, Le Système régional Africain de Protection des Droits de l'Homme, Brussels, Bruylant, 2005, ISBN 280272021X, 299 pp., €65.00.

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Mohamed, Abdelsalam A. "Individual and NGO participation in human rights litigation before the African Court of Human and Peoples' Rights: lessons from the European and Inter-American Courts of Human Rights." Journal of African Law 43, no. 2 (1999): 201–13. http://dx.doi.org/10.1017/s0021855300011347.

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In terms of article 6(1) of the Protocol Establishing the African Court of Human and Peoples' Rights, the Court may entitle both relevant non-governmental organizations (NGOs) with observer status before the African Commission on Human and Peoples' Rights (the Commission), and individuals to institute directly before it, urgent cases or cases of serious, systematic or massive violations of human rights. In deciding the admissibility of cases brought under article 6(1), the Court may request the opinion of the Commission which must give its opinion as soon as possible. Additionally, article 25(

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Matefi, Roxana. "THE RIGHT TO LEGAL ASSISTANCE AND REPRESENTATION – GENERAL ASPECTS." Agora International Journal of Juridical Sciences 8, no. 4 (2014): 113–17. http://dx.doi.org/10.15837/aijjs.v8i4.1608.

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The current paper wishes to generally analyze the right to legal assistance and representation, a component of the right to be defended and of the right to an equitable trial, which is regulated in internal law as well as in international law, such as the European Convention of Human Rights or the African Charter on Human and Peoples’ Rights.

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Huizenga, Daniel. "The Right to Say No to Imposed Development: Human Rights Vernacularization in Reverse in South Africa." Journal of Human Rights Practice 13, no. 2 (2021): 205–24. http://dx.doi.org/10.1093/jhuman/huab026.

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Abstract In this paper I contribute to critical literature on human rights practice by emphasizing how communities in South Africa leverage emerging transnational human rights norms to make progressive claims to property based on a revitalized customary law. I show the extent to which international Indigenous and peasant peoples’ rights are an important interpretive resource in contemporary struggles against the powers of autocratic traditional leaders and extractive industry. In an effort to emphasize the agency of rural communities, I develop a conceptual framework examining ‘law from below’

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Addo, Michael K. "Implementation by African states of the Plan of Action for the United Nations Decade for Human Rights." Journal of African Law 44, no. 1 (2000): 96–109. http://dx.doi.org/10.1017/s0021855300012079.

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For Africa, the launch of the United Nations Decade for Human Rights Education represents an invaluable opportunity to help transform human rights ideals into reality. The article assesses the key characteristics of this strategy and its viability in the African context. It highlights current constraints on implementing the Plan of Action and suggests some solutions.

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Viljoen, Frans. "State reporting under the African Charter on Human and Peoples' Rights: a boost from the South." Journal of African Law 44, no. 1 (2000): 110–18. http://dx.doi.org/10.1017/s0021855300012080.

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The problems of the absence or infrequency of states parties reports to the African Commission and the inadequacy of many that are submitted needs to be addressed. At the 25th session of the African Commission, South Africa presented its initial report. This process before, during and after the examination of the report is discussed and provides both encouragement for states to comply with their reporting obligations under the African Charter and useful lessons for states wishing to improve the quality of their reports.

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