Human Rights Adjudication in Africa: Challenges and Opportunities within the African Union and Sub-Regional Human Rights Systems

The collection of chapters contained in this book originates from the first Academic Network conference held at the University of Zimbabwe, Harare, in October 2022. The conference, like this book, is titled Human Rights Adjudication in Africa: Challenges and Opportunities within the African Union and Sub Regional Human Rights Systems. Aligning with the overarching objectives of the RWI and the RAP, the main aim of the 2022 Academic Network conference was to advance an understanding of the way the regional and sub-regional human rights systems in Africa contribute to access to justice on the continent. Thus, the conference, and by extension, this book, aims to generate further knowledge on both procedural and material aspects of the institutions that make up the system of African human rights adjudication. This particularly relates to the practice, methods, and jurisprudence of human rights adjudication that take place before the African Court on Human and Peoples’ Rights (African Court), the African Commission on Human and Peoples’ Rights (African Commission), the African Committee of Experts on the Rights and Welfare of the Child (African Committee of Experts) and the sub-regional courts, such as the East African Court of Justice and the Economic Community of West African States Community Court of Justice (ECOWAS Court).

Contents:

  1. Tracing the developing reparations jurisprudence of African Court on Human and Peoples’ Rights as reflected in its first cases of Mtikila, Zongo and Konate. By Tarisai Mutangi
  2. The ultimate withdrawal: A critical analysis of the jurisprudence of the African Court on Human and Peoples’ Rights. By Derick de Klerk & Annika Rudman
  3. The law and politics of access to the ECOWAS Court in human rights cases. By Christopher Nyinevi & Apraku Nketiah
  4. Rape as manifestation of gender-based discrimination: An exploration of state responsibility for sexual and gender-based violence in the jurisprudence of the ECOWAS Community Court of Justice. By Annika Rudman
  5. A critical analysis of resocialisation as an obligation, right and remedy under the Maputo Protocol in the jurisprudence of the African Court on Human and Peoples’ Rights and the ECOWAS Court of Justice. By Anisa Mahmoudi & Annika Rudman
  6. Africa is ageing: Prospects in the implementation of the Protocol on the Rights of Older Persons in Africa. By Faith Kabata
  7. ‘Fortune’ as a ground of discrimination under the African Charter on Human and Peoples’ Rights. By Gideon Basson
  8. Comparative jurisprudential developments and adjudication of indigenous peoples’ rights. Integration of international human rights law in the Americas and Africa. By Alejandro Fuentes

 

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