In Africa, there are many regional economic communities. These regional economic communities are primarily established for the purpose of promoting economic relations within the regional states and finally to make the political and economic integration of Africa in reality. Besides, these economic communities involve in the promotion and protection of human rights in Africa. Thus,the book tries to analyze the involvement of African regional economic communities in the promotion and protection of human rights in general, and their key roles in the enforcement of human rights through their judicial organs in light of the promotion and protection of the African human rights system. The book give much emphasis on the roles and practices of the African court of human rights. Finally, the book tries to put its own concluding remarks and recommendations for the better and strong promotion and protection of human rights in Africa.
This book is a product of the author''s Ph.D work carried out from the year 2005-2010 at the Faculty of Law, University of Jos- Nigeria. The book provides an in-depth analysis of the recent development in the African human rights system. It brings into focus the legal framework of African human rights system in comparative perspective with other international, regional and sub-regional human rights and related instruments. It captures extensively the problems and prospects of the African Commission and African Human Rights Court and the merged Court. The book is comparatively analytical in nature with strong findings and lucid recommendations for ways of revamping the African human rights system.
Over some years before and after 1948, human rights issues have been a daily agenda of harmonizing an observance of rights with the eye of humanitarian ground. Human rights have been recognized internationally through United nations Human Rights Committee and Universal Declaration of Human Rights of 1948. In the regions, the European Human Rights Convention and Inter-American Human Rights have made a big step ahead for protection, promotion and enforcement of rights either individually or as groups or associations. In domestic level there are still some challenges whereby the protection, respect and enforcement of human rights is a problem especially vulnerable groups such as people with disabilities, children, women and girls, stateless, displaced people and refugees. Therefore, this book provides the insights of human rights in international and national perspectives. Chapter one provides the theoretical foundations of human rights. The book also has touched the categories of human rights that is political, civil, economic, social, cultural and group rights as provided under chapter four. Human rights of specific groups such as women and girls, children, persons with disability
In the limited literature that emerged on the African human rights system, the ineffectiveness and inadequacy of the African Commission on Human and Peoples’ Rights was almost a common ground. Whatever promise it may have held at the time the Commission was conceived and established, it did not take long for the alleged ineffectiveness of its work as a regional human rights body to emerge as one of the main criticisms. Even worse is the relatively scant attention paid to the role played by African Commission in the regional promotion and protection of human rights, despite their central role in monitoring and applying the rights that are enshrined in the African Charter for Human and Peoples’ Rights. The result is that there is very little published detailed analysis on the yardsticks and methodologies that are suitable for the evaluation of the performance of regional and international human rights monitoring organs. The writer of this book is confident that both students and researchers, particularly those who are interested in the African Commission, will find this book to be handy and a suitable resource.
This is volume 6 in the series Swedish Studies in European Law. Arising from the work of two well-attended seminars, this new volume concentrates on highly topical issues in European Law – current problems in the enforcement of human rights in Europe and the accession of the EU to the European Convention on Human Rights. Among the topics dealt with – apart from ‘the accession issue’ – are questions related to the enforcement of the Charter of Fundamental Rights, human rights as general principles of law, specific issues like the ‘Double Jeopardy Clause’ in relation to Swedish tax law, horizontal effect or so-called ‘Drittwirkung’ of human rights and the increased role of judicial and constitutional review in Swedish courts. The book should be of value to any reader with an interest in such matters.
This book reflects the case law of the Court of Justice of the European Union with special regards to human rights protection. It follows the first decisions of the Court of Justice of the European Union in human rights' cases up to its recent case law, whereas it focuses on the esential and most discussed cases. The book does not limit itself to a case law analysis; rather, through such analysis the book tries to evaluate foundations of human rights, especially their liberal roots. The book is first attempt of the author to view human rights from critical legal perspective.
The human right to Adequate Housing is an evolving and at the same time controversial issue in global and regional human rights systems. This book will focus on assessing the key aspects of the human right to adequate housing under universal human rights system in comparison with major regional human rights systems. For the purpose of this book the key aspects of the human right to adequate housing include: normative contents; duties of States; the constituents of violations; remedies upon the materialization of violations; monitoring the implementation of the housing rights and the jurisprudential development on the human right to adequate housing. The book argues that there are great disparities in formulating the key aspects of the human right to adequate housing among the universal human rights system and the three main regional human rights systems. The book concludes that the African human rights system does not properly set the key aspects of the human right to adequate housing even though it adopted the three in one approach, when compared to both international human rights law and the two major regional human rights system which do not adopt the same approach.
The researcher has conducted a primary research based on the hypothesis of "violations of human rights contribute to generate conflict as trigger forces." Different areas of the Chittagong Hill Tracts (CHT), south-eastern part of Bangladesh, have been selected for this research as study areas. Above all, this research is an organized attempt to study conflict analysis from human rights perspectives.
The tapestry of the splendour of African history has but received disproportionate attention in international scholarship on the African continent. These scholarships contrived erroneous beliefs that the history of Africa resided in utter darkness. This misleading historicity, though increasingly losing currency, has negatively influenced scholarship on the origin and philosophy of human rights prompting western dominance in both the discourse and attribution of the evolution and growth of the movement of human rights. This book forms a critical discourse by venturing to examine the concept and manifestations of human rights from an African philosophic perspective in a bid to reveal the excellent inputs from a continent once equated with intellectual penury. Whilst this work could prove a useful tool for both human right scholars/academics and human rights activists especially in Africa who continue to be confronted with remarks of modern notions of human rights being Eurocentric, it could further enrich and reinforce the universality of the applicability of human rights.
Human rights violations occurring as a consequence of drug control and enforcement are a growing concern, and raise questions of treaty interpretation and of the appropriate balancing of concomitant obligations within the drug control and human rights treaty regimes. Tracing the evolution of international drug control law since 1909, this book explores the tensions between the regime's self-described humanitarian aspirations and its suppression of a common human behaviour as a form of 'evil'. Drawing on domestic, regional and international examples and case law, it posits the development of a dynamic, human rights-based interpretative approach to resolve tensions and conflicts between the regimes in a manner that safeguards human rights. Highlighting an important and emerging area of human rights inquiry from an international legal perspective, this book is a key resource for those working and studying in this field.
Disability rights are in essence human rights that are enjoyed or ought to be enjoyed by persons living with disabilities (PWDs). Before the adoption of the United Nations Convention on the Rights of Persons Living with Disabilities, international law only offered protection for the rights of PWDs in scattered instruments, rather than in one holistic convention. The same can be said regarding the protection offered by the regional block, the African Union. The purpose of this book is to examine the nature or form of disability rights, and to assess whether the African regional human rights protection mechanism adequately protects them. In other words, the study makes an attempt to understand whether the current appalling status of PWDs can be blamed on normative paucity of the African human rights system. To achieve this, the author will comb the African human rights instruments and existing jurisprudence, and based on the findings, will assess the propriety or otherwise of adopting a disability specific instrument for the continent and recommend accordingly.
The rise of the human rights movement, reinforced legally by the growth of human rights instruments since the 1948 Universal Declaration, has progressively seen the language of human rights used as a tool at the domestic and international levels for the struggles that led to the change of state behavior. Such struggles at the domestic level are often carried out by ‘human rights defenders'', a group of human rights activists comprised of ordinary people, including students, teachers, writers, scientists and lawyers among others. In different countries and across many contexts, such human rights defenders are fighting for the promotion and protection of human rights, often under difficult circumstances. This book provides an analysis of the core freedoms and guarantees that are vital for the work of human rights defenders at the legal level, and gives a clear definition of who they are and what they do. Then it presents the case of Nepal, exploring how restrictions on fundamental freedoms, dictated by the autocratic government, affect the work of human rights defenders through the first hand experience of one of them.
This book provides an overview of human rights protection in Africa. It examines the work of the African Commission and the African Court on Human and Peoples' Rights and how these bodies protects and promotes human rights on the continent. The book also examines the work of Sub-regional Economic Courts on how they protect human rights within the respective subregions. The book further examines the work of International Criminal Tribunals such as; the ICC; ICTR; and the Special Court for Sierra Leone in their role in human rights protection. In addition, it highlights on how the commission of international crimes such as; the crime of genocide; war crimes; and crimes against humanity leads to violation of civil and political rights on the one hand and economic, social and cultural rights on the other. The book finally, answer the question whether International Criminal Courts really protect and promotes human rights in the world in general
The recognition of human rights protection by the judiciary is a fundamental concept of human rights protection on the international and national forums. It is generally conceived that the effective functioning of the judiciary lies in its independence. Political interference has been noted as a factor that hampers judicial independence in most jurisdictions around the world. Such is the construction that has befallen judicial independence in Zimbabwe. As a result the judiciary has failed to impartially protect human rights. Therefore, the aim of this research is to proffer recommendations that may improve the judicial protection of human rights in Zimbabwe. To achieve the above aim, the protection of human rights by the judiciary through the use of the Constitution and case law with reference to international law is analysed. The role of the judiciary with regards to the protection of human rights is extensively scrutinised. A comparative study with the judicial protection of human rights in South Africa is undertaken. This is done to investigate any lessons that can be learned or adopted to improve human rights protection in Zimbabwe.
A specialized introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Exploring the connections between existing criminological scholarship and human rights frameworks, the book helps readers to incorporate human rights paradigms into their criminological analysis.