The realization, promotion and protection of human rights are processes that have received both negative and positive reactions globally. The adoption of the Universal Declaration of Human Rights in 1948 by the United Nations General Assembly paved the way for the creation of similar instruments nationally, sub-regionally and regionally. These instruments are specific to issues of human rights in the particular states, sub-regions and regions in which they are adopted. Africa, Europe and America have established regional systems and adopted instruments as well as mechanisms to cater for the needs of their specific regions. Unlike general human rights, women‟s rights were not a priority and so their development began as recently as the 1980s. In Africa, the progress of the rights of women was majorly influenced by the Convention on the Elimination of Discrimination Against women, an international instrument adopted in 1979/81. Followed by its Protocol, this instrument specifically addressed the rights of women globally. Consequently, instruments such as the African Charter on Human and Peoples’ Rights, the Protocol on the Rights of Women, the Solemn Declaration on Gender Equality in Africa and other mechanisms which include Commissions and Courts were established to address the rights of women in Africa. This study highlights the composition or make up of the African human rights system and its access to women. The central problem in this study is the question “Why women have not been able to access the system despite the prevalent cases of violation of their rights”. This question is emphasized by the fact that so far, no women have take any cases alleging violation of their rights to the African Commission of Human and Peoples‟ Rights. The study also critically analyses the obstacles and challenges that hinder women from accessing the system and discusses how these factors eventually limit the prevalence of women‟s rights. The study concludes by suggesting possible remedies and reforms both legal and beyond that can be enforced to boost the African human rights system to ensure that women freely enjoy and exercise the rights to which they are entitled. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Public Law / unrestricted

Some worry has been expressed in human rights circles that the human rights archetype has for some time now, disproportionately preoccupied itself with the culture of rights and claims at the expense of individuals? duties and responsibilities. A claim is made that while rights are individualistic, self-seeking, unworldly, self-indulgent and anti-social, individual duties and responsibilities are collective, social, humane, nuanced and associated with correct traditional and social behaviour and human values. The language of rights has dominated the texts of bills of rights in constitutions, and international instruments, and many view this rhetoric as unproblematic. Others, however, consider the currency of that language as overlooking, with dire consequences to human society, the concept of duty as the missing link of human dignity. There have, accordingly, been calls for a renewed focus on individual duties and responsibilities in the human rights discourse. The question is whether focussing on individual responsibility is necessary to counterbalance what is viewed by some as a bias towards rights. Efforts to raise international consciousness of what is regarded as the limitation of a purely rights-based approach to human rights has been spearheaded by, among others, faith based organisations. These have advocated not only a more visible recognition of individual duties and responsibilities generally, but an international declaration of human responsibilities as a ?common standard for all people and all nations.? The calls being made are premised on, first, a view that a device in the form of an international declaration ? a set of international rules ? should be developed to change the current human rights architecture. This code of ethical obligations is necessary to guide and change individual behaviour. Second, a belief that greater emphasis should be laid on individual duty responsibility to supplement existing international human rights norms and standards, and finally, that human rights principles alone are inadequate for modern societies to regulate themselves well. With particular reference to perspectives from the African Charter based human rights system, this project interrogates these concerns regarding duties with a view to ascertaining whether there is justification in them. Using as a reference point the concept of duties in the African Charter and to a small extent that in the African Children's Charter, which represents the older ii and more established part of the African human rights system, the project concludes that although individuals? duties are important and deserve greater attention, there is no convincing case for the calls that are being made in this regard. / Thesis (LLD)--University of Pretoria, 2017. / Centre for Human Rights / LLD / Unrestricted

For over a century, corporations engaged in the extractive industries in Africa have operated without ethical rules. They have been notoriously fingered for rampant environmental, labour, health and human rights violations, including land despoliation, forced displacement, environmental pollution, cultural infringements and, sometimes, deaths. While the responsibility for regulating companies and protecting human and peoples’ rights primarily rests with states, they have often been unable or unwilling to do so effectively. Amidst these persisting challenges, the phenomenal rise of transnational corporations in the global economy have rendered more complex the gaps in global governance by presenting new challenges that make territorial regulation by single countries impracticable. While victims groan, contestations about the human rights obligations of corporations have allowed extractive and other companies to fly below the radar of accountability; thereby, enabling extractive businesses to ride roughshod over communities and the environment. After several United Nations-led initiatives to address the adverse impacts of corporations, they have proven insufficient to hold companies accountable for violations in the extractive sector. This thesis, therefore, is a dispassionate attempt to explore the role of the African regional human rights system as an important complementary level of normative and institutional governance for regulating abusive corporate conduct and advancing human rights accountability in the extractive industries. It adopts an African approach to corporate human rights accountability in critically evaluating the contours of the corporate accountability discourse. It problematises the near-total reliance on inadequate domestic action in host states for regulating powerful corporate conglomerates in this age of globalisation and highlights the limits of extraterritorial regulation by home states in addressing transborder abuses. After a careful assessment, it finds that African human rights norms and regional mechanisms can play a key part in regulating abusive corporate practices and protecting the human rights and environmental wellbeing of resource-rich communities affected by the extractive industries in Africa. / Thesis (LLD)--University of Pretoria, 2021. / German Academic Exchange Service (Deutscher Akademischer Austauschdienst - DAAD) / Centre for Human Rights / LLD / Unrestricted

This study contributes to the debate surrounding the suitability of Regional Economic Community (REC) courts as avenues for protection of human rights in view of the economic focus of RECs. Recommends adjustments that can be made within the African Human Rights System (AHRS) to deal with the challenges associated with the development of REC courts both in the interim and in the long-term. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Jacqui Gallinetti, Faculty of Law, University of Western Cape. / LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

"The purpose of this study is to interrogate the doctrine of margin of appreciation as applied in the European Court of Human Rights and establish amenable lessos to the African human rights system. As such, the author will be able to draw appropriate and informed recommendations on the prospects of the doctrine in African context. In other words, the study proceeds from the approach that 'diversity' alone is not enough to guarantee application of margin of appreciation. Rather, a variety of factors come into consideration while weighing whether margin of appreciation should be granted to states. Indeed, such benchmarks will inform the discourse of this study, while at the same time acknowledging that a comparative study between European and African systems cannot be possible. The premise for disqualifying a comparison assumes that margin of appreciation presupposes a democratic society. Thus, while the member states of the ECHR have attained high levels of human rights records, some of their counterparts in Africa are still marred by embarrassing human rights records." -- Preamble. "Chapter one introduces the study and the context in which it is set. It highlights the basis and structure of the study. Chapter two makes reference to the connotation, origin and development of the doctrine of margin of appreciation. It discusses also contours and varying degrees of the doctrine's application with particular regard to respect of the rule of law. In addition, difficulties linked to the doctrine are highlighted. Chapter three highlights policy grounds underlying margin of appreciation in the European Court of Human Rights. It starts from most decisive policy grounds and moves to weaker ones. Chapter four examines the legal basis for application of the doctrine of margin of appreciation under the African Charter. It further notes the attitude of African states through their submissions claiming margin. The Prince case as the first of its kind to invoke margin of appreciation is discussed. Chapter five attempts to identify the defensibility and indefensibility of the doctrine in [the] African human rights system. Chapter six consists of a summary of the presentation and the conclusions drawn from the entire study." -- Introduction. / Prepared under the supervision of Prof. Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM