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Some of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study. Standards for human rights protection can be realized only through direct and strong support from a nation's legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national level. In addition to a critical evaluation of the current state of human rights protection in each of these African nations, the contributors outline existing national resources available for protecting human rights and provide recommendations for more effective and practical use of these resources.
Book Synopsis Human Rights Under African Constitutions by : Abdullahi Ahmed An-Na'im
Download or read book Human Rights Under African Constitutions written by Abdullahi Ahmed An-Na'im and published by University of Pennsylvania Press. This book was released on 2013-10-09 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study. Standards for human rights protection can be realized only through direct and strong support from a nation's legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national level. In addition to a critical evaluation of the current state of human rights protection in each of these African nations, the contributors outline existing national resources available for protecting human rights and provide recommendations for more effective and practical use of these resources.
Book Synopsis Human Rights and African Customary Law Under the South African Constitution by : T. W. Bennett
Download or read book Human Rights and African Customary Law Under the South African Constitution written by T. W. Bennett and published by . This book was released on 1999 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the 1995 edition with 1999 addendum.
Book Synopsis THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects by : Charles M. Fombad
Download or read book THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects written by Charles M. Fombad and published by PULP. This book was released on 2016-12-30 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt:
In 2020, the African Human Rights Law Journal (AHRLJ or Journal) celebrates 20 years since it first was published. The AHRLJ is the only peer-reviewed journal focused on human rights-related topics of relevance to Africa, Africans and scholars of Africa. It is a time for celebration. Since 2001, two issues of the AHRLJ have appeared every year. Initially published by Juta, in Cape Town, South Africa, in 2013 it became as an open-access journal published by the Pretoria University Law Press (PULP). PULP is a non-profit open-access publisher focused on advancing African scholarship. The AHRLJ contains peer-reviewed articles and ‘recent developments’, discussing the latest court decisions and legal developments in the African Union (AU) and regional economic communities. It contains brief discussions of recently-published books. With a total of 517 contributions in 40 issues (436 articles and 81 ‘recent developments’; not counting ‘book reviews’), on average the AHRLJ contains around 13 contributions per issue. The AHRLJ is accredited with the International Bibliography of the Social Sciences (IBSS) and the South African Department of Higher Education, Science and Innovation, and appears in a number of open access portals, including AfricanLii, the Directory of Open Access Journals and SciELO. Over the 20 years of its existence, many significant articles appeared in the AHRLJ. According to Google Scholar the mostcited articles that have appeared in the Journal over this period are (i) T Metz ‘Ubuntu as a moral theory and human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532-559 (with 273 citations); (ii) D Cornell and K van Marle ‘Exploring ubuntu: Tentative reflections’ (2005) 5 African Human Rights Law Journal 195- 220 (with 97 citations); (iii) S Tamale ‘Exploring the contours of African sexualities: Religion, law and power’ (2014) 14 African Human Rights Law Journal 150-177 (with 85 citations); K Kindiki ‘The normative and institutional framework of the African Union relating to the protection of human rights and the maintenance of international peace and security: A critical appraisal’ (2003) 3 African Human Rights Law Journal 97-117 (with 59 citations); and T Kaime ‘The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa: Some reflections’ (2005) 5 African Human Rights Law Journal 221-238) (with 54 citations). This occasion allows some perspective on the role that the Journal has played over the past 20 years. It is fair to say that the AHRLJ contributed towards strengthening indigenous African scholarship, in general, and human rights-related themes, specifically. Before the Journal there was no academic ‘outlet’ devoted to human rights in the broader African context. Both in quantity and in quality the Journal has left its mark on the landscape of scholarly journals. The AHRLJ has provided a forum for African voices, including those that needed to be ‘fine-tuned’. Different from many other peerreviewed journals, the AHRLJ has seen it as its responsibility to nurture emerging but not yet fully-flourishing talent. This approach allowed younger and emerging scholars to be guided to sharpen their skills and find their scholarly voices. The AHRLJ has evolved in tandem with the African regional human rights system, in a dialogic relationship characterised by constructive criticism. When the Journal was first published in 2001, the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) was not yet in force. Over the years the Journal tracked the evolution of the African Court on Human and Peoples’ Rights (African Court) from a faltering start, through a phase when it increasingly expressed itself in an emerging jurisprudence, to the current situation of push-back by states signalled by the withdrawal by four states of their acceptance of the Court’s direct individual access jurisdiction. The same is largely true for the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee). It was in 2001 that the AU elected the first members of this Committee. It first met in 2002, and its first decade or so was lackluster. The Committee examined its first state report only in November 2008, and decided its first communication in March 2011. Articles by authors such as Mezmur and Sloth-Nielsen, who also served as members of the Committee, and Lloyd, placed the spotlight on the work of the Committee. Initially, these articles primarily served to describe and provide information that otherwise was largely inaccessible, but over time they increasingly provided a critical gaze and contributed to the constructive evolution of the Committee’s exercise of its mandate. By 2011 the African Commission on Human and Peoples’ Rights (African Commission) was already quite well established, but it also underwent significant growth over the subsequent 20-year period. Numerous articles in the Journal trace and analyse aspects of this evolution. Contributions in the Journal also cover most of the AU human rights treaties and soft law standards. A number of issues contain a ‘special focus’ section dealing with a thematic issue of particular relevance or concern, such as the focus on the Protocol to the African Charter on the Rights of Women (2006 no 1); ‘30 years of the African Charter’ (2011 no 2); and ‘sexual and reproductive rights and the African Women’s Protocol’ (2014 no 2). The scope of the Journal extends beyond the supranational dimension of human rights. Over the years many contributions explored aspects of the domestic human rights situation in countries such as the Democratic Republic of the Congo, Eswatini, Ethiopia, Lesotho, Malawi, Mauritius, Nigeria, South Africa, Tanzania, Uganda and Zimbabwe. From time to time the specific focus sections also veered towards domestic human rights protection. See for instance the focus on 20 years of the South African Constitution (2014 no 2); on ‘adolescent sexual and reproductive rights in the African region’ (2017 no 2); on ‘the rule of law in sub-Saharan Africa’ (2018 no 1); and on ‘dignity taking and dignity restorations’ (2018 no 2).
Book Synopsis African Human Rights Law Journal Volume 20 No 2 2020 by :
Download or read book African Human Rights Law Journal Volume 20 No 2 2020 written by and published by Pretoria University Law Press. This book was released on 2020-01-01 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2020, the African Human Rights Law Journal (AHRLJ or Journal) celebrates 20 years since it first was published. The AHRLJ is the only peer-reviewed journal focused on human rights-related topics of relevance to Africa, Africans and scholars of Africa. It is a time for celebration. Since 2001, two issues of the AHRLJ have appeared every year. Initially published by Juta, in Cape Town, South Africa, in 2013 it became as an open-access journal published by the Pretoria University Law Press (PULP). PULP is a non-profit open-access publisher focused on advancing African scholarship. The AHRLJ contains peer-reviewed articles and ‘recent developments’, discussing the latest court decisions and legal developments in the African Union (AU) and regional economic communities. It contains brief discussions of recently-published books. With a total of 517 contributions in 40 issues (436 articles and 81 ‘recent developments’; not counting ‘book reviews’), on average the AHRLJ contains around 13 contributions per issue. The AHRLJ is accredited with the International Bibliography of the Social Sciences (IBSS) and the South African Department of Higher Education, Science and Innovation, and appears in a number of open access portals, including AfricanLii, the Directory of Open Access Journals and SciELO. Over the 20 years of its existence, many significant articles appeared in the AHRLJ. According to Google Scholar the mostcited articles that have appeared in the Journal over this period are (i) T Metz ‘Ubuntu as a moral theory and human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532-559 (with 273 citations); (ii) D Cornell and K van Marle ‘Exploring ubuntu: Tentative reflections’ (2005) 5 African Human Rights Law Journal 195- 220 (with 97 citations); (iii) S Tamale ‘Exploring the contours of African sexualities: Religion, law and power’ (2014) 14 African Human Rights Law Journal 150-177 (with 85 citations); K Kindiki ‘The normative and institutional framework of the African Union relating to the protection of human rights and the maintenance of international peace and security: A critical appraisal’ (2003) 3 African Human Rights Law Journal 97-117 (with 59 citations); and T Kaime ‘The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa: Some reflections’ (2005) 5 African Human Rights Law Journal 221-238) (with 54 citations). This occasion allows some perspective on the role that the Journal has played over the past 20 years. It is fair to say that the AHRLJ contributed towards strengthening indigenous African scholarship, in general, and human rights-related themes, specifically. Before the Journal there was no academic ‘outlet’ devoted to human rights in the broader African context. Both in quantity and in quality the Journal has left its mark on the landscape of scholarly journals. The AHRLJ has provided a forum for African voices, including those that needed to be ‘fine-tuned’. Different from many other peerreviewed journals, the AHRLJ has seen it as its responsibility to nurture emerging but not yet fully-flourishing talent. This approach allowed younger and emerging scholars to be guided to sharpen their skills and find their scholarly voices. The AHRLJ has evolved in tandem with the African regional human rights system, in a dialogic relationship characterised by constructive criticism. When the Journal was first published in 2001, the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) was not yet in force. Over the years the Journal tracked the evolution of the African Court on Human and Peoples’ Rights (African Court) from a faltering start, through a phase when it increasingly expressed itself in an emerging jurisprudence, to the current situation of push-back by states signalled by the withdrawal by four states of their acceptance of the Court’s direct individual access jurisdiction. The same is largely true for the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee). It was in 2001 that the AU elected the first members of this Committee. It first met in 2002, and its first decade or so was lackluster. The Committee examined its first state report only in November 2008, and decided its first communication in March 2011. Articles by authors such as Mezmur and Sloth-Nielsen, who also served as members of the Committee, and Lloyd, placed the spotlight on the work of the Committee. Initially, these articles primarily served to describe and provide information that otherwise was largely inaccessible, but over time they increasingly provided a critical gaze and contributed to the constructive evolution of the Committee’s exercise of its mandate. By 2011 the African Commission on Human and Peoples’ Rights (African Commission) was already quite well established, but it also underwent significant growth over the subsequent 20-year period. Numerous articles in the Journal trace and analyse aspects of this evolution. Contributions in the Journal also cover most of the AU human rights treaties and soft law standards. A number of issues contain a ‘special focus’ section dealing with a thematic issue of particular relevance or concern, such as the focus on the Protocol to the African Charter on the Rights of Women (2006 no 1); ‘30 years of the African Charter’ (2011 no 2); and ‘sexual and reproductive rights and the African Women’s Protocol’ (2014 no 2). The scope of the Journal extends beyond the supranational dimension of human rights. Over the years many contributions explored aspects of the domestic human rights situation in countries such as the Democratic Republic of the Congo, Eswatini, Ethiopia, Lesotho, Malawi, Mauritius, Nigeria, South Africa, Tanzania, Uganda and Zimbabwe. From time to time the specific focus sections also veered towards domestic human rights protection. See for instance the focus on 20 years of the South African Constitution (2014 no 2); on ‘adolescent sexual and reproductive rights in the African region’ (2017 no 2); on ‘the rule of law in sub-Saharan Africa’ (2018 no 1); and on ‘dignity taking and dignity restorations’ (2018 no 2).
Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.
Book Synopsis Human dignity and fundamental rights in South Africa and Ireland by : Anne Hughes
Download or read book Human dignity and fundamental rights in South Africa and Ireland written by Anne Hughes and published by PULP. This book was released on 2014-04-11 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.
In this book Charles Mwalimu explores viable grassroots representation mechanisms in African constitutions in order to positively integrate indigenous and modern systems in Sub-Saharan Africa. A comparative study method is used to examine the constitutional principles of chieftaincy and local government and their impact on human rights. To establish and prove lack of positive integration Mwalimu connects this failure to poor constitutionalism, development and stultified growth and human rights violations. This book proposes remedial actions to build nondiscriminatory constitutional regimes eradicating violations of human rights.
Book Synopsis Seeking Viable Grassroots Representation Mechanisms in African Constitutions by : Charles Mwalimu
Download or read book Seeking Viable Grassroots Representation Mechanisms in African Constitutions written by Charles Mwalimu and published by Peter Lang. This book was released on 2009 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Charles Mwalimu explores viable grassroots representation mechanisms in African constitutions in order to positively integrate indigenous and modern systems in Sub-Saharan Africa. A comparative study method is used to examine the constitutional principles of chieftaincy and local government and their impact on human rights. To establish and prove lack of positive integration Mwalimu connects this failure to poor constitutionalism, development and stultified growth and human rights violations. This book proposes remedial actions to build nondiscriminatory constitutional regimes eradicating violations of human rights.
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.
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 book provides useful information about international human rights norms and their relevance to South Africa. Considering the interplay between international and domestic human rights standards, it explains and explores how the South African Constitution protects human rights.
Book Synopsis The Protection of Human Rights in South Africa by : John C. Mubangizi
Download or read book The Protection of Human Rights in South Africa written by John C. Mubangizi and published by Juta and Company Ltd. This book was released on 2004 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides useful information about international human rights norms and their relevance to South Africa. Considering the interplay between international and domestic human rights standards, it explains and explores how the South African Constitution protects human rights.
Justice in the U.S. is a sequel to Human Rights: Beyond the Liberal Vision, and the second in a trilogy on human rights. The Bill of Rights of the U.S. Constitution explicitly clarifies the personal political and civil rights of persons, and by court interpretation, the rights of corporations. Yet in the twentieth century, following World War II, most world leaders reached the conclusion that political and civil rights were not sufficient and they had to be supplemented with additional rights that would protect their citizens and create more robust societies. By the end of the century, most countries had amended their constitutions to include many other rights, notably those pertaining to social security, health care, housing, decent jobs, women, minorities, cultural and language rights, and environmental protections. This amounted to nothing less than a worldwide constitutional revolution, but it has gone largely unnoticed in the United States. In this volume, the authors compare the constitutional provisions of different nation-states and summarize some of the relevant United Nations' human rights declarations and treaties. To encourage US citizens to think critically about their Constitution in light of the constitutions of other states, the authors present a draft revision of the U.S. Constitution. Of course, revision of the Constitution must be a comprehensively a democratic process, and the authors wish to show how this process might begin.
Book Synopsis Justice in the United States by : Judith Blau
Download or read book Justice in the United States written by Judith Blau and published by Rowman & Littlefield Publishers. This book was released on 2006-03-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice in the U.S. is a sequel to Human Rights: Beyond the Liberal Vision, and the second in a trilogy on human rights. The Bill of Rights of the U.S. Constitution explicitly clarifies the personal political and civil rights of persons, and by court interpretation, the rights of corporations. Yet in the twentieth century, following World War II, most world leaders reached the conclusion that political and civil rights were not sufficient and they had to be supplemented with additional rights that would protect their citizens and create more robust societies. By the end of the century, most countries had amended their constitutions to include many other rights, notably those pertaining to social security, health care, housing, decent jobs, women, minorities, cultural and language rights, and environmental protections. This amounted to nothing less than a worldwide constitutional revolution, but it has gone largely unnoticed in the United States. In this volume, the authors compare the constitutional provisions of different nation-states and summarize some of the relevant United Nations' human rights declarations and treaties. To encourage US citizens to think critically about their Constitution in light of the constitutions of other states, the authors present a draft revision of the U.S. Constitution. Of course, revision of the Constitution must be a comprehensively a democratic process, and the authors wish to show how this process might begin.
"This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.
Book Synopsis Human Rights and Constitution Making by :
Download or read book Human Rights and Constitution Making written by and published by UN. This book was released on 2018 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.
