20 mai 2019

OUVRAGE : R. Murray, The African Charter on Human and Peoples' Rights: A Commentary


The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.

1. Introduction: towards the African Charter on Human and Peoples' Rights
2. Preamble
3. Article 1: Obligations of Member States
4. Article 2: Freedom from Discrimination
5. Article 3: Right to Equality before the law and equal protection of the law
6. Article 4: Right to life
7. Article 5: Prohibition of torture and cruel, inhuman and degrading treatment
8. Article 6: Right to personal liberty and protection from arbitrary arrest
9. Article 7: Right to a fair trial
10. Article 8: Right to freedom of conscience
11. Article 9: Right to receive information and free expression
12. Article 10: Right to freedom of association
13. Article 11: Right to freedom of assembly
14. Article 12: Right to freedom of movement
15. Article 13: Right to participate in government
16. Article 14: Right to property
17. Article 15: Right to work
18. Article 16: Right to health
19. Article 17: Right to education
20. Article 18: Protection of the Family and vulnerable groups
21. Article 19: Right of all peoples to equality and rights
22. Article 20: Right to self-determination
23. Article 21: Right to free disposal of wealth and natural resources
24. Article 22: Right economic, social and cultural development
25. Article 23: Right to national and international peace and security
26. Article 24: Right to a general satisfactory environment
27. Article 25: Duty to promote human rights
28. Article 26: Duty to guarantee the independence of the courts
29. Article 27 - 29: Duties
30. Articles 30-40: Establishment and appointment of the African Commission
31. Articles 41 - 44: Organisation of the African Commission
32. Articles 45 and 46: Mandate of the Commission
33. Articles 47-53: Communications from States
34. Articles 55: Other communications
35. Articles 56 and 57
36. Article 58: Serious or massive violations
37. Article 59: Confidentiality and Reporting
38. Articles 60 and 61: Applicable principles
39. Article 62: State reporting
40. Articles 63-65: Signature, ratification, adherence and coming into force
41. Article 66: Protocols: Protocol on the African Court
42. Article 66: Protocol on the Rights of Women in Africa
43. Articles 67-68
44. Conclusion and future trends
African Charter on Human and Peoples' Rights
Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights
Protocol on the Rights of Women in Africa

Rachel MURRAY, The African Charter on Human and Peoples' Rights: A Commentary, Oxford, Oxford University Press, 2019 (896 pp.)

Rachel Murray is Professor of International Human Rights Law at the University of Bristol and Director of its Human Rights Implementation Centre. Rachel undertakes regular work on the African human rights system, implementation of human rights law, OPCAT and torture prevention, among other areas. She has written widely in this area (e.g. Implementation of the Findings of the African Commission on Human and Peoples' Rights, with Debbie Long, Cambridge University Press, 2015; The Optional Protocol to the UN Convention Against Torture, OUP, with Steinerte, Evans and Hallo de Wolf), and articles in leading legal human rights journals. She also advises national, regional and international organisations as well as governments and individuals on human rights law. She is on the board of the Institute for Human Rights and Development in Africa, and is a Fellow of the Human Rights Centre at the University of Essex and a member of Doughty Street Chambers. She is also a magistrate.

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