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The African Charter on Human and Peoples' Rights: A Commentary

The African Charter on Human and Peoples' Rights: A Commentary

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198810582
  • 出版时间 February 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    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.

  • Part I: Context and Substantive Rights
    1: Introduction: towards the African Charter on Human and Peoples' Rights
    2: Preamble
    3: Article 1: Obligations of Member States
    4: Article 2: Freedom from Discrimination
    5: Article 3: Right to Equality before the law and equal protection of the law
    6: Article 4: Right to life
    7: Article 5: Prohibition of torture and cruel, inhuman and degrading treatment
    8: Article 6: Right to personal liberty and protection from arbitrary arrest
    9: Article 7: Right to a fair trial
    10: Article 8: Right to freedom of conscience
    11: Article 9: Right to receive information and free expression
    12: Article 10: Right to freedom of association
    13: Article 11: Right to freedom of assembly
    14: Article 12: Right to freedom of movement
    15: Article 13: Right to participate in government
    16: Article 14: Right to property
    17: Article 15: Right to work
    18: Article 16: Right to health
    19: Article 17: Right to education
    20: Article 18: Protection of the Family and vulnerable groups
    21: Article 19: Right of all peoples to equality and rights
    22: Article 20: Right to self-determination
    23: Article 21: Right to free disposal of wealth and natural resources
    24: Article 22: Right economic, social and cultural development
    25: Article 23: Right to national and international peace and security
    26: Article 24: Right to a general satisfactory environment
    27: Article 25: Duty to promote human rights
    28: Article 26: Duty to guarantee the independence of the courts
    29: Article 27 - 29: Duties

    Part II: The Establishment of the African Commission
    30: Articles 30-40: Establishment and appointment of the African Commission
    31: Articles 41 - 44: Organisation of the African Commission

    Part III: Mandate and Procedure of the African Commission
    32: Articles 45 and 46: Mandate of the Commission
    33: Articles 47-53: Communications from States
    34: Articles 55: Other communications
    35: Articles 56 and 57
    36: Article 58: Serious or massive violations
    37: Article 59: Confidentiality and Reporting

    Part IV: Applicable Principles and other procedures
    38: Articles 60 and 61: Applicable principles
    39: Article 62: State reporting

    Part V: General Provisions
    40: Articles 63-65: Signature, ratification, adherence and coming into force
    41: Article 66: Protocols: Protocol on the African Court
    42: Article 66: Protocol on the Rights of Women in Africa
    43: Articles 67-68
    44: 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

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