The Protection Of Economic Social And Cultural Rights In Africa

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This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.

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Genre : Law
Author : Danwood Mzikenge Chirwa
Publisher : Cambridge University Press
Release : 2016-10-20
File : 609 Pages
ISBN-13 : 9781107173651


Economic Social And Cultural Rights

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Economic, Social and Cultural Rights is a collection of seminal papers examining legal, conceptual and practical questions regarding the international legal protection of economic, social and cultural rights. The volume discusses what human rights obligations economic, social and cultural rights entail for states and non-state actors; the nature and scope of substantive economic, social and cultural rights such as education, health, work, water, enjoyment of the benefits of scientific progress, and cultural rights; as well as the justiciability of these rights at an international level and at the national level. The paramount importance of such questions is illustrated, among other things, by the catastrophic situation of economic, social and cultural rights as human rights in developing and developed states. The volume is divided into three main parts which focus on human rights obligations for states and non-state actors arising from treaties protecting economic, social and cultural rights; analysis of selected substantive rights; and finally the justiciability of economic, social and cultural rights in various contexts such as within the United Nations, Europe, Inter-American, and African systems, as well as within the domestic system.

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Genre : Political Science
Author : Manisuli Ssenyonjo
Publisher : Routledge
Release : 2017-05-15
File : 719 Pages
ISBN-13 : 9781351941860


Human Rights And The Environment In Africa

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The relationship between human rights and the environment, as evidenced by the recent UN Resolution on the human right to a healthy environment, is a topical, fascinating, uneasy, and increasingly urgent one. This timely collection explores the inextricable relationship between human rights and the environment as a critical lens for understanding and addressing key human rights and environmental issues confronting Africa. The work explores theoretical, philosophical, doctrinal, and empirical research to interrogate and provide clarity on how and whether the human rights-based approach to environmental protection and policy implications has been effective in enhancing environmental protection and sustainability in Africa. It brings together an elite group of African and international experts to investigate the increasing connectivity and problems with African human rights, environmental governance, and the quest for sustainability. The book is divided into thematic clusters, including: the right of vulnerable communities to sustainability; climate change, the right to development and natural resource governance; corporate environmental responsibility and sustainability; the philosophy of environmental ethics and theories of human rights approaches to environmental governance; procedural environmental rights; the role of the judiciary in environmental protection; and desertification. These themes provide a structure to investigate and clarify specific fundamental questions on Africa’s environmental governance paradigm. This innovative contribution provides an interdisciplinary approach to the philosophical interrelationship and use of human rights approaches to ensure and enhance environmental protection and sustainability. As such, the book will be of interest to African scholars, researchers and students in Human Rights Law, Environmental Studies, Political Science, Ecology and Conservation and Development Studies. It will also be a valuable resource for policymakers, governments, NGOs, practitioners, and all those interested in African environmental governance.

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Genre : Law
Author : Jean-Claude N. Ashukem
Publisher : Taylor & Francis
Release : 2023-11-10
File : 408 Pages
ISBN-13 : 9781000997675


The African Charter On Human And Peoples Rights

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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.

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Genre : Law
Author : Rachel Murray
Publisher : Oxford University Press
Release : 2019-02-14
File : 1165 Pages
ISBN-13 : 9780192538598


The Role Of Law In The Reduction Of Rural Poverty

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Considering the importance of legal frameworks in laying down governance and accountability frameworks, clarifying the responsibilities of relevant public and private entities and defining the long term and budgetary commitment of states, the capacity of countries to adopt and enforce laws in pertinent areas is crucial to reducing rural poverty. Countries have signed up to international and regional instruments that are of relevance to rural poverty and have adopted policies and legislation in these areas. However, a number of normative, institutional and operational challenges exist in different countries. These include regulatory gaps in some areas such as social security for agricultural workers; the existence of laws that sustain discriminatory practices, for example, in relation to inheritance of property; and inconsistencies in norms and institutional mandates in the area of natural resource governance. Even with relatively good laws, their practical implementation may be wanting due to limitations of capacity to implement them. These problems would require a range of measures on the part of state and non‐state actors, including the adoption or revision of laws as well as awareness‐raising and legal empowerment. This legal paper explores the significance of legislative frameworks to poverty reduction efforts, with a particular focus on human rights. It highlights sectoral areas for legislative intervention and identifies normative, procedural and institutional challenges that states encounter while implementing poverty reduction programmes. It further refers to examples from state practice and provides recommendations on how relevant actors can make use of legislation to address rural poverty.

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Genre : Law
Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
Release : 2020-03-01
File : 56 Pages
ISBN-13 : 9789251322581


Research Handbook On Economic Social And Cultural Rights As Human Rights

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This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights.

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Genre : Law
Author : Jackie Dugard
Publisher : Edward Elgar Publishing
Release : 2020-10-30
File : 456 Pages
ISBN-13 : 9781788974172


An Introduction To International Human Rights Law

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This book is designed to provide an overview of the development and substance of international human rights law, and what is meant concretely by human rights guarantees, such as civil and political rights, and economic and social rights. It highlights the rights of women, globalization and human rights education. The book also explores domestic, regional and international endeavors to protect human rights. The history and role of human rights NGOs coupled with an analysis of diverse international mechanisms are succinctly woven into the text, which well reflects the scholarship and erudition of the authors. This lucidly written and timely volume will be of great help to anyone seeking to understand this area of law, be they students, lawyers, scholars, government officials, staff of international and non-international organizations, human rights activists or lay readers.

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Genre : Law
Author : Azizur Rahman Chowdhury
Publisher : BRILL
Release : 2010-06-14
File : 316 Pages
ISBN-13 : 9789047444022


An Integrative Rights Based Approach To Human Development In Africa

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An integrative rights-based approach to human development in Africaby Dejo Olowu2009ISBN: 978-0-9814124-6-7Pages: x 322Print version: AvailableElectronic version: Free PDF available.

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Genre : Africa south of Sahara
Author : Dejo Olowu
Publisher : PULP
Release : 2009
File : 333 Pages
ISBN-13 : 9780981412467


Contemporary Human Rights Challenges

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The Universal Declaration of Human Rights (UDHR) was drafted by the UN Commission on Human Rights in the aftermath of the World War II in an attempt to address the wrongs of the past and plan for a better future for all. With contributions from President Jimmy Carter, UNESCO Secretary General Audrey Azoulay and the former Archbishop of Canterbury Rowan Williams, this collection of essays, Contemporary Human Rights Challenges: The Universal Declaration of Human Rights and its Continuing Relevance, by leading international experts offers a timely contemporary view on the UDHR and its continuing relevance to today’s issues. Reflecting the structure of the UDHR, the chapters, written by 28 academics, practitioners and activists, bring a contemporary perspective to the original principles proclaimed in the Declaration’s 30 Articles. It will be a stimulating accessible read, with real world examples, for anyone involved in thinking about, designing or applying public policy, particularly government officials, politicians, lawyers, journalists and academics and those engaged in promoting social justice. Examined through these universal principles, which have enduring relevance, the authors grapple with some of today’s most pressing challenges, some of which, for example equality and gender related rights, would not have been foreseen by the original drafters of the Declaration, who included Eleanor Roosevelt, René Cassin and John Humphrey. The essays cover a wide range of topics such as an individual’s right to privacy in a digital age, freedom to practise one’s religion and the right to redress, and make a compelling and detailed argument for the on-going importance and significance of the Declaration and human rights in our rapidly changing world.

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Genre : Law
Author : Carla Ferstman
Publisher : Routledge
Release : 2018-09-03
File : 242 Pages
ISBN-13 : 9781351107112


Economic Social And Cultural Rights In International Law

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Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.

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Genre : Law
Author : Manisuli Ssenyonjo
Publisher : Bloomsbury Publishing
Release : 2016-10-06
File : 795 Pages
ISBN-13 : 9781509902033