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

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

Author: Rachel Murray
Publisher: Oxford University Press
ISBN: 9780198810582
Published In: February 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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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