This publication explores human rights in the context of constitution making. It notes the important role of participatory processes which should be designed to ensure that consultations with a wide variety of interest groups and vulnerable parts of the populations take place when a new constitution is drafted. It also focuses on what human rights and fundamental freedoms should be included in a constitution, including civil and political rights as well as economic, social and cultural rights. In addition, it addresses how the rights of women, children, the disabled, minorities and indigenous peoples can be expressed in a new constitution. Examples from over fifty different constitutions are used to illustrate how these rights can be expressed. The publication is designed for drafters of future constitutions, as well as to all those who want to ensure that human rights are protected constitutionally.
This volume sheds light on how to construe the contemporary political vicissitudes of the Black experience and the ongoing struggle for agency, belonging, and civil rights. It offers a fresh look at familiar concepts such as activism and belonging and models innovative approaches for studying the African diasporic experience in the 21st century
Extraterritorial Human Rights Obligations from An African Perspective: Justice Beyond Borders' addresses the often neglected question of whether African regional human rights instruments impose extraterritorial obligations on State parties, and if so, the extent and scope of these obligations. The prevalence of extraterritorial violations of human and peoples' rights in the African system, due to the actions or omissions of African as well as non-African states, has not gone unnoticed. Strengthening extraterritorial obligations in Africa is an urgent necessity to ensure a rights-based African regional order that seeks to address, among other issues, challenges stemming from globalisation, accountability for human rights violations in Africa where a third state or entity (as well as an intergovernmental organisation) is involved, and to ensure respect and protection of the human rights of future generations. With the increasing quasi-judicial and judicial scrutiny of the extraterritorial reach of human rights and states' duties, at both international and regional levels, including from the African Commission, the African region is ripe for extraterritorial analysis
"Fragmented social relations, the twin demise of authority and tradition, the breakdown of behavioural norms and constraints: all these are the outcome, according to their critics, of the uses and abuses of human rights in contemporary democratic societies. We are, they say, seeing the perverse effects of a 'religion of human rights' to which Europe has rashly devoted its heart and mind; and the supposed burgeoning of rights, which goes hand in hand with an unchecked rise of expectations, is catapulting Western democracies into an age of never-ending demands. This emerged clearly in France in Spring 2013 during the demonstrations against equal marriage ('mariage pour tous') whose opponents deplored the excesses of a movement-driven left striving for an unbounded extension of rights - from the right to same-sex marriage to the enfranchisement of non-nationals or the right of same-sex couples to adopt"--
For the first time in one collected volume, mainstream and critical human rights scholars together examine the empirical and normative debates around the future of human rights. They ask what makes human rights effective, what strategies will enhance the chances of compliance, what blocks progress, and whether the hope for human rights is entirely misplaced in a rapidly transforming world. Human Rights Futures sees the world as at a crucial juncture. The project for globalizing rights will either continue to be embedded or will fall backward into a maelstrom of nationalist backlash, religious resurgence and faltering Western power. Each chapter talks directly to the others in an interactive dialogue, providing a theoretical and methodological framework for a clear research agenda for the next decade. Scholars, graduate students and practitioners of political science, history, sociology, law and development will find much to both challenge and provoke them in this innovative book.