Initiating constructive debate: a critical reflection on the death penalty in Africa

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dc.contributor.authorChenwi, Lilian
dc.date.accessioned2019-10-07T10:34:58Z
dc.date.available2019-10-07T10:34:58Z
dc.date.issued2006
dc.description.abstractFor the first time in the agenda of the African Commission on Human and Peoples' Rights, during the 36th Ordinary Session (2004), the death penalty was one of the issues discussed. Commissioner Chirwa initiated debate on the death penalty in Africa, urging the commission to take a clear position on the subject. She recommended that in view of the international and human rights developments and trends, it is necessary for the continent to initiate constructive debate on the question of the death penalty in Africa. It is against this background that this article is written, with the aim of showing that there is a need for constructive debate on the death penalty in Africa. Considering that the African Commission is encouraging such a debate, the article begins with an examination of its stance on the subject. This is followed by a brief evaluation of the use of the death penalty in Africa, highlighting some areas of concern. The death penalty in Africa is then considered from a human rights perspective, focusing mainly on the possibility of relying on constitutional provisions on the right to life and the prohibition of cruel, inhuman and degrading treatment to challenge the death penalty.en_US
dc.identifier.citationChenwi, L. (2006). 'Initiating constructive debate: a critical reflection on the death penalty in Africa'. Comparative and International Law Journal of Southern Africa, 38(3): 474 - 491en_US
dc.identifier.urihttp://hdl.handle.net/10566/4994
dc.language.isoenen_US
dc.publisherComparative and International Law Journal of Southern Africaen_US
dc.subjectConstructive debate:en_US
dc.subjectDeath penaltyen_US
dc.subjectAfricaen_US
dc.subjectHuman rightsen_US
dc.titleInitiating constructive debate: a critical reflection on the death penalty in Africaen_US
dc.typeArticleen_US

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