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Protection of the Right to Seek and Obtain Asylum under the African Human Rights System.
This Commentary draws on the applied use of international human rights law under the African System of Human Rights to provide protection to those who need it most- refugees.
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Leiden :
BRILL,
2013.
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| Colección: | Refugees and human rights.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Protection of the Right to Seek and Obtain Asylum under the African Human Rights System; Copyright; Contents; Preface; Acknowledgements; Table of Cases; Table of Instruments; 1. Introduction; 1. Scope of the Study; 2. Structure and Organisation; 2. Background; 1 Introduction; 2. Evolution and Trends; 3. The Changing Climate of Refugee Protection in Africa; 4. 'Solution' Oriented Trends; 5. Issues of Protection; 5.1 Group Eligibility; 5.2 Protection; 5.3 Security; 5.4 Voluntary Repatriation; 6. Concluding Reflections; 3. The Applicable Legal Framework; 1. Introduction; 2. The Duty to Protect.
- 3. Human Rights and Refugee Protection3.1. Human Rights and Refugee Protection; 4. Concluding Reflections; 4. The African Charter and the Protection of Refugees; 1. Sources; 2. Primary Duties for States; 3. General Guarantees; 4. Specific Individual Rights; 5. Freedom of Movement, the Right to Seek and Obtain Asylum, and Protection from Expulsion under Article 12; 5.1 Freedom of Movement; 5.2 The Right to Seek and Obtain Asylum; 5.3 Persecution; 5.4 The Prohibition of Expulsion; 5.5 Concluding Reflections; 6. Human Dignity and the Prohibition of Torture, Inhuman, or Degrading Treatment.
- 7. Concluding Reflections8. Fair Hearing and Due Process; 9. Fair and Impartial Due Process; 10. Personal Liberty; 11. Concluding Reflections; 5. Access to Justice: The Right of Asylum Seekers and Refugees to Lodge Individual Complaints; 1. Complaints before the African Commission; 2. Complying with the Procedure for Communications; 2.1 Admissibility Requirements; 2.2 Communication Must Relate to Violations Occurring after a State Ratified Charter; 2.3 Communication Should Indicate the Names and Contact Addresses of the Authors.
- 2.4 Communications Should Be Compatible with both the AU Constitutive Act and the African Charter2.5 Communications Should Be Sent after Exhausting Local Remedies Unless It Is Obvious that the Pursuit of Such Remedies will be Unduly Prolonged; 2.6 Communications Should Be Submitted Soon after the Exhaustion of Domestic Remedies; 2.7 Communications Should Not Be Submitted to both the African Commission and Another International Tribunal at the Same Time or after Being Decided by Another International Body; 2.8 Provisional or Interim Measures; 2.9 Procedure on Admissibility.
- 2.10 The Merits Phase2.11. Identifying Cases That Are Appropriate for Consideration by the Commission; 2.12 Observations on Preparing a Case to Be Brought to the Commission; 3. Concluding Reflections; 4. The African Human Rights Court; 6. Protection Techniques; 1. Introduction; 2. A Collaborative Approach; 3. Mutuality; 4. Concluding Reflections; 7. Case Studies; 1. Introduction; 2. The General Case Study; 3. Issues in the General Case Study; 4. Other Issues That May Be Raised before the Commission; 5. Jurisprudence of the African Commission Specific to the Case Study.