scholarly journals Advisory Opinion on the Request by the Pan African Lawyers Union Regarding the Compatibility of Vagrancy Laws with the African Charter of Human and Peoples' Rights and Other Human Rights Instruments Applicable in Africa (Afr. Ct. H.P.R.)

2021 ◽  
pp. 1-27
Author(s):  
Ndanga Kamau

On December 4, 2020, the African Court on Human and Peoples' Rights (the Court) issued an advisory opinion on the compatibility of vagrancy laws with the African Charter on Human and Peoples' Rights (African Charter), the African Charter on the Rights and Welfare of the Child (Children's Rights Charter), and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Protocol on Women's Rights). In this landmark advisory opinion, the Court considered an important social issue on the African continent.

2006 ◽  
Vol 50 (1) ◽  
pp. 72-84 ◽  
Author(s):  
FAREDA BANDA

The entry into force of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, 2003 on 25 November, 2005, marked the culmination of years of lobbying for a document which would promote and protect the human rights of the continent's women by African women's rights advocates. This commentary provides a brief historical overview of the process leading up to the adoption of the Protocol by the African Union in Maputo in July 2003 before moving on to consider its substantive provisions.


2009 ◽  
Vol 3 (1) ◽  
pp. 120-136 ◽  
Author(s):  
Thoko Kaime

AbstractThis article examines the cultural-based critiques of the international human rights paradigm generally and children's rights in particular, with specific reference to Africa. In this regard, the paper attempts to identify gaps in the analyses of the African Charter on the Rights and Welfare of the Child. Towards that end, the paper proceeds in three parts. In the first section, it situates the discussion within the general framework of children's rights at international law. In the next section, it turns to an examination of the culture-based critiques of the idea of universal rights. Finally, in the fourth and fifth sections, it analyses the documents and literature that focus on the rights and welfare of the child. In the concluding section, the author raises several important questions regarding the propriety of this special category of human rights in the African context.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Sonia Vohito

SUMMARY Corporal punishment is the most common form of violence against children worldwide, including in Africa. Corporal punishment violates children's rights to respect for their human dignity and physical integrity. The African Charter on the Rights and Welfare of the Child provides for every child's right to be protected from violence and ill-treatment. The African Committee of Experts on the Rights and Welfare of the Child and other human rights bodies consistently examine states on their progress towards prohibiting and eliminating corporal punishment. In the context of the thirtieth anniversary of the African Children's Charter, this article aims to examine the progress made towards the prohibition and elimination of corporal punishment of children in all settings, in Africa. It highlights the challenges and shortcomings in implementing this campaign in Africa. The role of the African Children's Committee in promoting and protecting the human rights imperative to prohibit corporal punishment of children is also examined, especially as regards the legal barriers to end the corporal punishment of children in Africa. Key words: African Children's Charter; children's rights; corporal punishment; Agenda 2040


2016 ◽  
Vol 15 (2) ◽  
pp. 385-395 ◽  
Author(s):  
Michael Gyan Nyarko ◽  
Henrietta Markfre Ekefre

This case note reviews recent developments in the protection of children’s rights in Africa through the individual communications mandate of the African Committee of Experts on the Rights and Welfare of the Child (the Committee). It examines the recent decision of the Committee concerning the Talibés of Senegal. It argues that whilst the Committee took a commendable progressive approach in the interpretation of the African Charter on the Rights and Welfare of the Child, its decision lacked a gender sensitive approach which it must address in future communications.


This volume reframes the debate around Islam and women’s rights within a broader comparative literature. It examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part I addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part II localizes the implementation of this nexus between law, gender, and democracy, and provides contextualized responses to questions raised in Part I. The contributors explore the situation of Muslim women’s rights vis-à-vis human rights to shed light on gender politics in the modernization of the nation and to ponder over the role of Islam in gender inequality across different Muslim countries.


2021 ◽  
pp. 1-15
Author(s):  
Romola Adeola ◽  
Benyam D Mezmur

Abstract This article considers the protection of, and assistance for, internally displaced children (IDCs) in Africa. Internal displacement has become one of Africa's most pressing human rights challenges. Over the last decade, millions of persons have been internally displaced on the continent by conflict, disaster and other causes. Children are one of the most affected categories of persons, given the implications of displacement for them. Article 23(4) of the African Charter on the Rights and Welfare of the Child incorporates specific protection for IDCs. This article examines the protection of IDCs in the context of this regional framework. It argues that, while article 23(4) requires that both refugee children and IDCs should be accorded the same protection from a rights-based perspective, it also requires that the protection of IDCs should be construed with reference to the Kampala Convention, which is the most recent applicable regional regime governing internal displacement.


Sign in / Sign up

Export Citation Format

Share Document