The African Charter on Human and Peoples' Rights
A Commentary
1st Edition
Published on 7. February 2019
720 pages
978-0-19-253858-1 (ISBN)
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.
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Person
Rachel Murray is Professor of International Human Rights Law at the University of Bristol and Director of its Human Rights Implementation Centre. Rachel undertakes regular work on the African human rights system, implementation of human rights law, OPCAT and torture prevention, among other areas. She has written widely in this area (e.g. Implementation of the Findings of the African Commission on Human and Peoples' Rights, with Debbie Long, Cambridge University Press, 2015; The Optional Protocol to the UN Convention Against Torture, OUP, with Steinerte, Evans and Hallo de Wolf), and articles in leading legal human rights journals. She also advises national, regional and international organisations as well as governments and individuals on human rights law. She is on the board of the Institute for Human Rights and Development in Africa, and is a Fellow of the Human Rights Centre at the University of Essex and a member of Doughty Street Chambers. She is also a magistrate.
Content
- 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
