Socio-Economic Rights Project (SERP)

Permanent URI for this collection

https://hdl.handle.net/10566/1375
The Socio-Economic Rights Project, which focuses on the realization of the socio-economic rights of groups and communities living in poverty.

Browse

Browsing by Subject "African Charter"

Now showing 1 - 6 of 6
  • Thumbnail Image
    Item
    African Commission reaffirms protection of socio-economic rights in the African Charter
    (ESR Review : Economic and Social Rights in South Africa, 2010) Chenwi, Lilian
    In July 2010, the ruling of the African Commission on Human and Peoples' Rights (African Commission) in relation to communications 279/03 and 296/05 was made public, the decision having been adopted in May 2009. The communications were submitted by the Sudan Human Rights Organisation (SHRO) and the Centre on Housing Rights and Evictions (COHRE), respectively, against the Sudan government. However, because the applicants in the SHRO case did not appear before the African Commission on the merits, the Commission considered and decided only the COHRE case on the merits.
  • Thumbnail Image
    Item
    Breaking new ground : the need for a protocol to the African Charter on the abolition of the death penalty in Africa
    (African Human Rights Law Journal, 2005) Chenwi, Lilian
    The 1980s saw the drafting and adoption of international treaties on the abolition of the death penalty. In the European and Inter-American human rights systems, steps have been taken to abolish the death penalty by means of the adoption of protocols to their respective human rights treaties. Therefore, the African continent is the only region with a human rights treaty that does not have a protocol on the abolition of the death penalty. Human rights systems need to be constantly adapted to match changing conditions. Accordingly, in view of the international human rights developments and trends towards the abolition of the death penalty, this article addresses the need for a protocol to the African Charter on Human and Peoples' Rights on the question of the abolition of the death penalty in Africa.
  • Thumbnail Image
    Item
    The child's right to basic education in Nigeria: a commentary on the decision in SERAP v Nigeria
    (African Journal of International and Comparative Law, 2018) Aisosa Jennifer, Isokpan; Ebenezer, Durojaye
    The right to education is not justiciable in Nigeria by virtue of it being included in Chapter II of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN 1999) as a directive principle of state policy. This is evidenced in the case of Badejo v. Federal Ministry of Education, where the applicant claimed that as a result of the discriminatory conduct of the respondents she was denied her right and the chance to be considered for admission into one of the Federal government colleges in Nigeria. Her application as well as her appeal was dismissed by the High Court and the Court of Appeal.
  • Thumbnail Image
    Item
    Fair Trial Rights and Their Relation to the Death Penalty in Africa
    (International and Comparative Law Quarterly, 2006) Chenwi, Lilian
    A fair trial is a basic element of the notion of the rule of law, and the principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. At the centre of any legal system, therefore, must be a means by which legal rights are asserted and breaches remedied through the process of a fair trial in court, as the law is useless without effective remedies. The fairness of the legal process has a particular significance in criminal cases, as it protects against human rights abuses. Hence, constitutional due process and elementary justice require that the judicial functions of trial and sentencing be conducted with fundamental fairness, especially where the irreversible sanction of the death penalty is involved.
  • Thumbnail Image
    Item
    Reading the right to food into the African Charter on Human and Peoples' Rights : Africa's regional developments
    (ESR Review : Economic and Social Rights in South Africa, 2004) Mbazira, Christopher
    The African Charter on Human and Peoples’ Rights (the Charter) of 1981 is the principal regional instrument protecting human and peoples’ rights in Africa. It incorporates a wide range of socio-economic rights, including the rights to property, to work under favourable conditions and equal pay for equal work, to health, to education, family rights and the right to self-determination.
  • Thumbnail Image
    Item
    The right to health and the nature of The right to health and the nature of socio-economic rights obligations under the African Charter The Purohit case
    (ESR Review : Economic and Social Rights in South Africa, 2005) Mbazira, Christopher
    The African Charter on Human and Peoples’ Rights (the African Charter) guarantees a broad range of economic, social and cultural rights (socio-economic rights) as well as civil and political rights.