The African Charter on Human and Peoples' Rights
A Commentary
Series: Oxford Commentaries on International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 20 February 2019
- ISBN 9780198810582
- Binding Hardback
- No. of pages888 pages
- Size 249x181x54 mm
- Weight 1726 g
- Language English 0
Categories
Short description:
In this first English language commentary on the African Charter on Human and Peoples' Rights, Rachael Murray sets out the negotiating history of each provision along with the relevant case law, decisions, and resolutions of the African Commission on Human and Peoples' Rights, and subsequent state practice.
MoreLong description:
The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court.
This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated.
The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.
Table of Contents:
Part I: Context and Substantive Rights
Introduction: towards the African Charter on Human and Peoples' Rights
Preamble
Article 1: Obligations of Member States
Article 2: Freedom from Discrimination
Article 3: Right to Equality before the law and equal protection of the law
Article 4: Right to life
Article 5: Prohibition of torture and cruel, inhuman and degrading treatment
Article 6: Right to personal liberty and protection from arbitrary arrest
Article 7: Right to a fair trial
Article 8: Right to freedom of conscience
Article 9: Right to receive information and free expression
Article 10: Right to freedom of association
Article 11: Right to freedom of assembly
Article 12: Right to freedom of movement
Article 13: Right to participate in government
Article 14: Right to property
Article 15: Right to work
Article 16: Right to health
Article 17: Right to education
Article 18: Protection of the Family and vulnerable groups
Article 19: Right of all peoples to equality and rights
Article 20: Right to self-determination
Article 21: Right to free disposal of wealth and natural resources
Article 22: Right economic, social and cultural development
Article 23: Right to national and international peace and security
Article 24: Right to a general satisfactory environment
Article 25: Duty to promote human rights
Article 26: Duty to guarantee the independence of the courts
Article 27 - 29: Duties
Part II: The Establishment of the African Commission
Articles 30-40: Establishment and appointment of the African Commission
Articles 41 - 44: Organisation of the African Commission
Part III: Mandate and Procedure of the African Commission
Articles 45 and 46: Mandate of the Commission
Articles 47-53: Communications from States
Articles 55: Other communications
Articles 56 and 57
Article 58: Serious or massive violations
Article 59: Confidentiality and Reporting
Part IV: Applicable Principles and other procedures
Articles 60 and 61: Applicable principles
Article 62: State reporting
Part V: General Provisions
Articles 63-65: Signature, ratification, adherence and coming into force
Article 66: Protocols: Protocol on the African Court
Article 66: Protocol on the Rights of Women in Africa
Articles 67-68
Conclusion and future trends
Appendices
African Charter on Human and Peoples' Rights
Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights
Protocol on the Rights of Women in Africa
