Human Rights under the African Charter
This book critically examines the civil, political, socioeconomic, and group rights protected under the African Charter and its Protocol on women’s rights. It then examines the institutional protection of these rights through the African Commission and Af
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Human Rights under the African Charter
Allwell Uwazuruike
Human Rights under the African Charter
Allwell Uwazuruike Lancashire Law School Preston, UK
ISBN 978-3-030-41738-3 ISBN 978-3-030-41739-0 (eBook) https://doi.org/10.1007/978-3-030-41739-0 © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2020 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Acknowledgements
I thank Dr. Ian Turner and Professor Michael Salter for their guidance in the early days of my research. My most profound gratitude goes to Professor Rhoda HowardHassmann whose belief in this project was a very strong source of motivation for me. Professor Howard-Hassmann graciously read the initial manuscript, offering insightful and invaluable suggestions.
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Contents
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Introduction 1.1 The First Part: Analysis of the African Charter 1.2 Second and Third Parts: State Practice and Institutional Effectiveness The African Charter as Representing the African Standard of Human Rights in the Twenty-First Century 2.1 Introduction 2.2 The Case for Regional Conceptions of Rights 2.3 Universalism, Liberalism and Cultural Relativism 2.4 The Role of Culture in Human Rights Development 2.5 Development of Human Rights in Africa 2.5.1 The African Charter in the Development of African Human Rights 2.6 Conclusion Human Rights and Duties Under the African Charter 3.1 Human and Peoples’ Rights in the Charter 3.1.1 Civil and Political Rights 3.1.2 Socio-Economic Rights 3.1.3 Socio-Economic Rights: Enforceable or Not? 3.1.4 Peoples’ Rights 3.2 Communitarian Duties
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