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African Human Rights Law Reports 2008 Edited by The African Commission on Human and Peoples' Rights & the Centre for Human Rights, University of Pretoria 2010 ISSN: 1812-2418 Pages: xxxviii 284 Print version: Available Electronic version: Free PDF available About the publication The African Human Rights Law Reports include cases decided by the United Nations human rights treaty bodies, the African Commission on Human and Peoples’ Rights and domestic judgments from different African countries. The Reports are a joint publication of the African Commission on Human and Peoples’ Rights and the Centre for Human Rights, University of Pretoria, South Africa. PULP also publishes the French version of these Reports, Recueil Africain des Décisions des Droits Humains. The Reports, as well as other material of relevance to human rights law in Africa, may be found on the website of the Centre for Human Rights at www.chr.up.ac.za. Hard copies of the Reports can be obtained from the Centre for Human Rights. Editorial changes have been kept to a minimum, and are confined to changes that are required to ensure consistency in style (with regard to abbreviations, capitalisation, punctuation and quotes) and to avoid obvious errors related to presentation. However, in the case of Ivorian Human Rights Movement (MIDH) v Côte d’Ivoire (2008) AHRLR 62 (ACHPR 2008) and Wetsh’okonda Koso and Others v Democratic Republic of the Congo (2008) AHRLR 93 (ACHPR 2008), in this volume more extensive edits have been done to ensure consistency with the French original. Cases from national courts that would be of interest to include in future issues of the Reports may be brought to the attention of the editors at: Centre for Human Rights Faculty of Law University of Pretoria, Pretoria 0002 South Africa Fax: + 27 12 362-5125 E-mail: [email protected] Table of Contents Editorial User guide Abbreviations Case law on the internet TABLES AND INDEXES Table of cases Alphabetical table of cases Subject index International instruments referred to International case law considered African Commission decisions according to communication numbers CASES United Nations human rights treaty bodies African Commission on Human and Peoples’ Rights Sub-regional courts Domestic decisions
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.
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.
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.
African Human Rights Law Reports 2010 Edited by The African Commission on Human and Peoples' Rights & the Centre for Human Rights, University of Pretoria 2013 ISSN: 1812-2418 Pages: xxxi 239 Print version: Available Electronic version: Free PDF available About the publication The African Human Rights Law Reports include cases decided by the United Nations human rights treaty bodies, the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, subregional courts in Africa and domestic judgments from different African countries. The Reports are a joint publication of the African Commission on Human and Peoples’ Rights and the Centre for Human Rights, University of Pretoria, South Africa. PULP also publishes the French version of these Reports, Recueil Africain des Décisions des Droits Humains. The Reports, as well as other material of relevance to human rights law in Africa, may be found on the website of the Centre for Human Rights at www.chr.up.ac.za. Hard copies of the Reports can be obtained from the Centre for Human Rights. Editorial changes have been kept to a minimum, and are confined to changes that are required to ensure consistency in style (with regard to abbreviations, capitalisation, punctuation and quotes) and to avoid obvious errors related to presentation. Cases from national courts that would be of interest to include in future issues of the Reports may be brought to the attention of the editors at: Centre for Human Rights Faculty of Law University of Pretoria, Pretoria 0002 South Africa Fax: + 27 12 362-5125 E-mail: [email protected] Table of Contents Editorial User guide Abbreviations Case law on the internet TABLES AND INDEXES Table of cases Alphabetical table of cases Subject index International instruments referred to International case law considered African Commission decisions according to communication numbers CASES United Nations human rights treaty bodies African Commission on Human and Peoples’ Rights Sub-regional courts Domestic decisions
The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.
African Human Rights Law Reports 2011 Edited by The African Commission on Human and Peoples' Rights & the Centre for Human Rights, University of Pretoria 2014 ISSN: 1812-2418 Pages: 241 Print version: Available Electronic version: Free PDF available About the publication The African Human Rights Law Reports include cases decided by the United Nations human rights treaty bodies, the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, subregional courts in Africa and domestic judgments from different African countries. The Reports are a joint publication of the African Commission on Human and Peoples’ Rights and the Centre for Human Rights, University of Pretoria, South Africa. PULP also publishes the French version of these Reports, Recueil Africain des Décisions des Droits Humains. The Reports, as well as other material of relevance to human rights law in Africa, may be found on the website of the Centre for Human Rights at www.chr.up.ac.za. Hard copies of the Reports can be obtained from the Centre for Human Rights. Editorial changes have been kept to a minimum, and are confined to changes that are required to ensure consistency in style (with regard to abbreviations, capitalisation, punctuation and quotes) and to avoid obvious errors related to presentation. Cases from national courts that would be of interest to include in future issues of the Reports may be brought to the attention of the editors at: Centre for Human Rights Faculty of Law University of Pretoria, Pretoria 0002 South Africa Fax: + 27 12 362-5125 E-mail: [email protected] Table of Contents Editorial User guide Abbreviations Case law on the internet TABLES AND INDEXES Table of cases Alphabetical table of cases Subject index International instruments referred to International case law considered African Commission decisions according to communication numbers CASES United Nations human rights treaty bodies African Commission on Human and Peoples’ Rights Sub-regional courts Domestic decisions
African Human Rights Law Reports 2009 Edited by The African Commission on Human and Peoples' Rights & the Centre for Human Rights, University of Pretoria 2011 ISSN: 1812-2418 Pages: xxxvi 376 Print version: Available Electronic version: Free PDF available About the publication The African Human Rights Law Reports include cases decided by the United Nations human rights treaty bodies, the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, subregional courts in Africa and domestic judgments from different African countries. The Reports are a joint publication of the African Commission on Human and Peoples’ Rights and the Centre for Human Rights, University of Pretoria, South Africa. PULP also publishes the French version of these Reports, Recueil Africain des Décisions des Droits Humains. The Reports, as well as other material of relevance to human rights law in Africa, may be found on the website of the Centre for Human Rights at www.chr.up.ac.za. Hard copies of the Reports can be obtained from the Centre for Human Rights. Editorial changes have been kept to a minimum, and are confined to changes that are required to ensure consistency in style (with regard to abbreviations, capitalisation, punctuation and quotes) and to avoid obvious errors related to presentation. Cases from national courts that would be of interest to include in future issues of the Reports may be brought to the attention of the editors at: Centre for Human Rights Faculty of Law University of Pretoria, Pretoria 0002 South Africa Fax: + 27 12 362-5125 E-mail: [email protected] Table of Contents Editorial User guide Abbreviations Case law on the internet TABLES AND INDEXES Table of cases Alphabetical table of cases Subject index International instruments referred to International case law considered African Commission decisions according to communication numbers CASES United Nations human rights treaty bodies African Commission on Human and Peoples’ Rights Sub-regional courts Domestic decisions
The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluation of the Charter as a mechanism for the promotion and protection of human rights in Africa, the contributions cover the Charter's reporting system, the interpretation of different rights by the Commission, the prospects for the African Court on Human and Peoples' Rights and the role of NGOs. This authoritative and comprehensive volume will interest lawyers acting for government and non-governmental organisations, as well as academics and postgraduates.
Providing a comprehensive and analytical overview of human rights in Africa, this book deals particularly with the African regional system of human rights protection. Among the issues it explores are poverty, HIV AIDS, and the tension between international standards and national implementation.