Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

International law and domestic human rights litigation in Africa

International law and domestic human rights litigation in Africa
Edited by Magnus Killander
2010
ISBN: 978-0-9869857-2-0
Pages: 235
Print version: Available
Electronic version: Free PDF available

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About the publication

African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts.

An introductory chapter which outlines the legal framework and judicial practice across Africa is followed by case studies on Kenya, Ghana, Botswana, Tanzania, Zambia, Uganda, Benin and Côte d’Ivoire. The book further includes thematic chapters dealing with Namibian equality jurisprudence, right to health litigation in Nigeria, children’s rights litigation in South Africa, the Habré case in Senegal, and the role of the Uganda Human Rights Commission in promoting international law.

About the editors:

Magnus Killander is Associate Professor at Centre for Human Rights, University of Pretoria


Table of Contents

Foreword
Contributors
Table of Cases
List of Abbreviations

PART I: Introduction

  • 1. International law and domestic human rights litigation in Africa: An introductionMagnus
    Killander & Horace Adjolohoun

PART II: Country Studies

  • 2. Navigating past the ‘dualist doctrine’: the case for progressive jurisprudence on the application of international human rights norms in Kenya
    J Osogo Ambani
  • 3. An examination of the use of international law as an interpretative tool in human rights litigation in Ghana and Botswana
    Emmanuel K Quansah
  • 4. The place of international law in human rights litigation in Tanzania
    Chacha Bhoke Murungu
  • 5. Domestication of international human rights law in Zambia
    Michelo Hansungule
  • 6. The application of international law in the Ugandan judicial system: A critical enquiry
    Busingye Kabumba
  • 7. International law and human rights litigation in Côte d’Ivoire and Benin
    Armand Tanoh & Horace Adjolohoun

PART III: Themes

  • 8. Equality has no mother but sisters: The preference for comparative law over international law in the equality jurisprudence in Namibia
    Dunia P Zongwe
  • 9. Litigating the right to health in Nigeria: Challenges and prospects
    Ebenezer Durojaye
  • 10. The role of international law in the development of children’s rights in South Africa: A children’s rights litigator’s perspective
    Karabo Ngidi
  • 11. La Convention contre la torture et son application au niveau national: Le cas du Sénégal dans l’affaire Hissène Habré
    Fatou Kama Marone
  • 12. The role of National Human Rights Institutions in promoting international law in domestic legal systems: Case study of the Uganda Human Rights Commission
    Kenechukwu C Esom

Bibliography
African case law on the internet
Index


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Keywords:

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