Frans Viljoen
Dados Biográficos
| ID | 3087325 |
|---|---|
| NOME | Frans Viljoen |
| PRENOMES | Frans |
| SOBRENOME | Viljoen |
| ASSINATURA | VILJOEN F |
| AFILIAÇÕES | University of Pretoria |
| ORCID | 0000-0003-0551-0109 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 24 |
| TOTAL DE CITAÇÕES | 24 |
| TOTAL COMO AUTOR | 22 |
| TOTAL COMO EDITOR | 2 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1999 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2024 |
| ÍNDICE H | 3 |
Inter-State Complaints under the African Human Rights System
An inter-state procedure is provided for explicitly in the 1981 African Charter on Human and Peoples’ Rights, on which the African regional human rights system is based, but the mechanism remains underused. Exploring the question why such a small number of inter-state cases have been submitted under the Africa system, the article points to the influence of a general culture of non-intervention and a preference for non-confrontational dispute mech…
A comparison of state compliance with reparation orders by regional and sub-regional human rights tribunals in Africa
This article compares second-order state compliance in respect of regional and sub-regional human rights tribunals (HRTs) in Africa. Using as its unit of analysis the compliance orders issued by these HRTs, the article analyses state compliance with 75 such orders contained in 32 decisions of six selected HRTs, decided in the period between 1 January 2000 and 31 December 2015, in five states – Nigeria, The Gambia, Tanzania, Uganda and Zimbabwe. B…
A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights
In 2019, the African Commission on Human and Peoples’ Rights adopted General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)). In this general comment, the commission elaborated on the right to freedom of movement and residence within state borders. This issue, while explicit in international human rights law, is a challenge within various jurisdictions, including in …
Introduction
On 10 September 2019, the Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Refugee Convention) turned 50, while on 23 October 2019 the African Union (AU) Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) turned 10. It is against this backdrop that the designation by the AU Assembly of Heads of State and Government of 2019 as t…
The Art of Human Rights
An Argument for the Continued Validity of Woman-to-Woman Marriages in Post-2010 Kenya
Woman-to-woman marriage is a form of customary marriage between two women, predominantly found in Africa. These customary marriages have been and to some extent still are conducted by various communities across Africa, including in Kenya. Communities such as the Kamba, Kisii, Nandi, Kikuyu and Kuria practise woman-to-woman marriages for a variety of reasons. The legal status of woman-to-woman marriages in Kenya is uncertain due to the provisions …
Climate Change, Development Projects and Internal Displacement In Africa
Given the need for legislation to protect internally displaced persons, African Heads of State and Government adopted the Convention on the Protection and Assistance of Internally Displaced Persons in Africa in Kampala in October 2009. The convention, which entered into force on 6 December 2012, is an important binding instrument on internal displacement. Article 10 of the convention requires states to prevent displacement caused by development p…
Understanding and Overcoming Challenges in Accessing the African Court on Human and Peoples’ Rights
This contribution examines access to the African Court on Human and Peoples’ Rights in the first decade of its operation. Compared with other regional human rights Courts over the corresponding period, the African Court has decided more contentious cases. Direct access accounts for this difference. Acceptance by States of optional direct access is a necessary but insufficient condition for actual access. The reasons for the Commission's reluctanc…
Danger and Fear in Prison
This article focuses on the role the African and Inter-American human rights systems in protecting the rights of detainees through interim measures. The need for regional human rights to complement protection at the national level is all the more pronounced when it comes to detainees, because they often lack democratic leverage at the national level. While complementing the universal system, regional systems have the added benefit of closer conne…
Amicus Curiae Participation Before Regional Human Rights Bodies in Africa
A solid stream of cases have been submitted to the quasi-judicial and judicial treaty monitoring bodies making up the African regional human rights system, namely the African Commission, the African Children's Rights Committee and the African Human Rights Court, and also to sub-regional courts in Africa. Allowing amicus curiae briefs to supplement the parties' pleadings can enhance the soundness of the factual and legal findings of these bodies, …
The Feasibility and Desirability of an African Disability Rights Treaty
The United Nations General Assembly in 2006 adopted the Convention on the Rights of Persons with Disabilities (CRPD), sparking debate in Africa about the desirability and feasibility of adopting an African pendant to this UN treaty. Two main rationales that support an 'African' treaty on the rights of persons with disabilities (PWDs) are examined in this article. The first is a process argument that contends that African participation in the elab…
International Human Rights Law in Africa
This book provides an overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realisation provided for under the United Nations system, the African Union, and sub-regional economic communities in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions t…
Human rights in Africa
While the United Nations is the main human rights norm-creator for Africa, the Organisation of African Unity/African Union has ‘appropriated’ many of these standards in treaties of its own. In as far as these treaties deviate from a global consensus, they do so to ensure greater normative legitimacy in the African context. The institutions created under AU human rights treaties — especially the African Commission on Human and Peoples’ Rights — ha…
Exploring the Theory and Practice of the Relationship between International Human Rights Law and Domestic Actors
In recent times the human rights discourse has become increasingly concerned with the relationship between domestic and international (UN and regional) human rights law. In 2007, two significant additions to this body of scholarship appeared. Although the authors of these texts are based in Canada and the United Kingdom respectively, their contributions explore the domestic–international relationship from a particularly African angle. While both …
The African Charter on Human and Peoples' Rights
The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluatio…
International Human Rights Law in Africa
Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament; the Peace and Security Council; the Economic, Social, and Cultural Council; and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions, and 20 years of jurisprudence st…
State Compliance with the Recommendations of the African Commission on Human and Peoples’ Rights, 1994-2004
Current discourse on international human rights leaves little room for self-satisfaction about near-universal acceptance of wide-ranging normative frameworks with a global and regional scope. Recent times have witnessed growing academic concern with the “impact” or “effect” of international human rights treaties on the de jure and de facto legal position in state parties. These concerns are embedded in bigger and more enduring questions about the…
The Status of the findings of the African Commission
Within the African regional human rights system, the African Commission on Human and Peoples' Rights is mandated to promote and protect human and peoples' rights. As part of its protective mandate, the Commission, in terms of an individual complaints procedure, can find that state parties are in violation of the provisions of the African Charter and has recommended remedies in cases where violations have been found. However, concerns have been ra…
Courts for Africa
Institutional strengthening has characterised the transformation of the OAU into the AU. This contribution focuses on two new judicial institutions in Africa, the African Court on Human and Peoples' Rights (ACHR) and the African Court of Justice (ACJ). The ACHR Protocol, adopted in 1998, and entering into force in 2004, mainly entrusts the ACHR with the application and interpretation of the African Charter on Human and Peoples' Rights (African Ch…
The Impact of the United Nations Human Rights Treaties on the Domestic Level
The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties. The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people…
State reporting under the African Charter on Human and Peoples' Rights
The problems of the absence or infrequency of states parties reports to the African Commission and the inadequacy of many that are submitted needs to be addressed. At the 25th session of the African Commission, South Africa presented its initial report. This process before, during and after the examination of the report is discussed and provides both encouragement for states to comply with their reporting obligations under the African Charter and…
Examination of State Reports at the 27th Session of the African Commission on Human and Peoples' Rights
Application of the African Charter on Human and Peoples' Rights by domestic courts in Africa
The African Charter on Human and Peoples’ Rights1 (hereinafter the “African Charter” or “Charter”) was adopted by the Organisation of African Unity (OAU) Assembly of Heads of State and Government in 1981. It entered into force on 21 October, 1986, after a majority of OAU member states had ratified the Charter. At present, 52 of the 53 member states have become parties: the only non-ratifying state is Eritrea
An Overview of International Human Rights Protection in Africa
State Compliance with the Recommendations of the African Commission on Human and Peoples’ Rights, 1994-2004
Current discourse on international human rights leaves little room for self-satisfaction about near-universal acceptance of wide-ranging normative frameworks with a global and regional scope. Recent times have witnessed growing academic concern with the “impact” or “effect” of international human rights treaties on the de jure and de facto legal position in state parties. These concerns are embedded in bigger and more enduring questions about the…
Understanding and Overcoming Challenges in Accessing the African Court on Human and Peoples’ Rights
This contribution examines access to the African Court on Human and Peoples’ Rights in the first decade of its operation. Compared with other regional human rights Courts over the corresponding period, the African Court has decided more contentious cases. Direct access accounts for this difference. Acceptance by States of optional direct access is a necessary but insufficient condition for actual access. The reasons for the Commission's reluctanc…
Human rights in Africa
While the United Nations is the main human rights norm-creator for Africa, the Organisation of African Unity/African Union has ‘appropriated’ many of these standards in treaties of its own. In as far as these treaties deviate from a global consensus, they do so to ensure greater normative legitimacy in the African context. The institutions created under AU human rights treaties — especially the African Commission on Human and Peoples’ Rights — ha…
Exploring the Theory and Practice of the Relationship between International Human Rights Law and Domestic Actors
In recent times the human rights discourse has become increasingly concerned with the relationship between domestic and international (UN and regional) human rights law. In 2007, two significant additions to this body of scholarship appeared. Although the authors of these texts are based in Canada and the United Kingdom respectively, their contributions explore the domestic–international relationship from a particularly African angle. While both …
Application of the African Charter on Human and Peoples' Rights by domestic courts in Africa
The African Charter on Human and Peoples’ Rights1 (hereinafter the “African Charter” or “Charter”) was adopted by the Organisation of African Unity (OAU) Assembly of Heads of State and Government in 1981. It entered into force on 21 October, 1986, after a majority of OAU member states had ratified the Charter. At present, 52 of the 53 member states have become parties: the only non-ratifying state is Eritrea
An Overview of International Human Rights Protection in Africa
State reporting under the African Charter on Human and Peoples' Rights
The problems of the absence or infrequency of states parties reports to the African Commission and the inadequacy of many that are submitted needs to be addressed. At the 25th session of the African Commission, South Africa presented its initial report. This process before, during and after the examination of the report is discussed and provides both encouragement for states to comply with their reporting obligations under the African Charter and…
Examination of State Reports at the 27th Session of the African Commission on Human and Peoples' Rights
The Impact of the United Nations Human Rights Treaties on the Domestic Level
The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties. The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people…
The Status of the findings of the African Commission
Within the African regional human rights system, the African Commission on Human and Peoples' Rights is mandated to promote and protect human and peoples' rights. As part of its protective mandate, the Commission, in terms of an individual complaints procedure, can find that state parties are in violation of the provisions of the African Charter and has recommended remedies in cases where violations have been found. However, concerns have been ra…
Courts for Africa
Institutional strengthening has characterised the transformation of the OAU into the AU. This contribution focuses on two new judicial institutions in Africa, the African Court on Human and Peoples' Rights (ACHR) and the African Court of Justice (ACJ). The ACHR Protocol, adopted in 1998, and entering into force in 2004, mainly entrusts the ACHR with the application and interpretation of the African Charter on Human and Peoples' Rights (African Ch…
International Human Rights Law in Africa
Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament; the Peace and Security Council; the Economic, Social, and Cultural Council; and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions, and 20 years of jurisprudence st…
State Compliance with the Recommendations of the African Commission on Human and Peoples’ Rights, 1994-2004
Current discourse on international human rights leaves little room for self-satisfaction about near-universal acceptance of wide-ranging normative frameworks with a global and regional scope. Recent times have witnessed growing academic concern with the “impact” or “effect” of international human rights treaties on the de jure and de facto legal position in state parties. These concerns are embedded in bigger and more enduring questions about the…
The African Charter on Human and Peoples' Rights
The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluatio…
Exploring the Theory and Practice of the Relationship between International Human Rights Law and Domestic Actors
In recent times the human rights discourse has become increasingly concerned with the relationship between domestic and international (UN and regional) human rights law. In 2007, two significant additions to this body of scholarship appeared. Although the authors of these texts are based in Canada and the United Kingdom respectively, their contributions explore the domestic–international relationship from a particularly African angle. While both …
Human rights in Africa
While the United Nations is the main human rights norm-creator for Africa, the Organisation of African Unity/African Union has ‘appropriated’ many of these standards in treaties of its own. In as far as these treaties deviate from a global consensus, they do so to ensure greater normative legitimacy in the African context. The institutions created under AU human rights treaties — especially the African Commission on Human and Peoples’ Rights — ha…
International Human Rights Law in Africa
This book provides an overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realisation provided for under the United Nations system, the African Union, and sub-regional economic communities in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions t…
Amicus Curiae Participation Before Regional Human Rights Bodies in Africa
A solid stream of cases have been submitted to the quasi-judicial and judicial treaty monitoring bodies making up the African regional human rights system, namely the African Commission, the African Children's Rights Committee and the African Human Rights Court, and also to sub-regional courts in Africa. Allowing amicus curiae briefs to supplement the parties' pleadings can enhance the soundness of the factual and legal findings of these bodies, …
The Feasibility and Desirability of an African Disability Rights Treaty
The United Nations General Assembly in 2006 adopted the Convention on the Rights of Persons with Disabilities (CRPD), sparking debate in Africa about the desirability and feasibility of adopting an African pendant to this UN treaty. Two main rationales that support an 'African' treaty on the rights of persons with disabilities (PWDs) are examined in this article. The first is a process argument that contends that African participation in the elab…
Danger and Fear in Prison
This article focuses on the role the African and Inter-American human rights systems in protecting the rights of detainees through interim measures. The need for regional human rights to complement protection at the national level is all the more pronounced when it comes to detainees, because they often lack democratic leverage at the national level. While complementing the universal system, regional systems have the added benefit of closer conne…
Climate Change, Development Projects and Internal Displacement In Africa
Given the need for legislation to protect internally displaced persons, African Heads of State and Government adopted the Convention on the Protection and Assistance of Internally Displaced Persons in Africa in Kampala in October 2009. The convention, which entered into force on 6 December 2012, is an important binding instrument on internal displacement. Article 10 of the convention requires states to prevent displacement caused by development p…
Understanding and Overcoming Challenges in Accessing the African Court on Human and Peoples’ Rights
This contribution examines access to the African Court on Human and Peoples’ Rights in the first decade of its operation. Compared with other regional human rights Courts over the corresponding period, the African Court has decided more contentious cases. Direct access accounts for this difference. Acceptance by States of optional direct access is a necessary but insufficient condition for actual access. The reasons for the Commission's reluctanc…
The Art of Human Rights
An Argument for the Continued Validity of Woman-to-Woman Marriages in Post-2010 Kenya
Woman-to-woman marriage is a form of customary marriage between two women, predominantly found in Africa. These customary marriages have been and to some extent still are conducted by various communities across Africa, including in Kenya. Communities such as the Kamba, Kisii, Nandi, Kikuyu and Kuria practise woman-to-woman marriages for a variety of reasons. The legal status of woman-to-woman marriages in Kenya is uncertain due to the provisions …
A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights
In 2019, the African Commission on Human and Peoples’ Rights adopted General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)). In this general comment, the commission elaborated on the right to freedom of movement and residence within state borders. This issue, while explicit in international human rights law, is a challenge within various jurisdictions, including in …
Introduction
On 10 September 2019, the Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Refugee Convention) turned 50, while on 23 October 2019 the African Union (AU) Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) turned 10. It is against this backdrop that the designation by the AU Assembly of Heads of State and Government of 2019 as t…
A comparison of state compliance with reparation orders by regional and sub-regional human rights tribunals in Africa
This article compares second-order state compliance in respect of regional and sub-regional human rights tribunals (HRTs) in Africa. Using as its unit of analysis the compliance orders issued by these HRTs, the article analyses state compliance with 75 such orders contained in 32 decisions of six selected HRTs, decided in the period between 1 January 2000 and 31 December 2015, in five states – Nigeria, The Gambia, Tanzania, Uganda and Zimbabwe. B…
Inter-State Complaints under the African Human Rights System
An inter-state procedure is provided for explicitly in the 1981 African Charter on Human and Peoples’ Rights, on which the African regional human rights system is based, but the mechanism remains underused. Exploring the question why such a small number of inter-state cases have been submitted under the Africa system, the article points to the influence of a general culture of non-intervention and a preference for non-confrontational dispute mech…
Law (23 obras) · Political science (23 obras) · Human Rights and Development (21 obras) · Human rights (18 obras) · International Law and Human Rights (16 obras) · Law (9 obras) · Charter (8 obras) · Commission (8 obras) · Global Peace and Security Dynamics (8 obras) · International human rights law (8 obras)