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
Bibliographic Data
| ID | 16767970 |
|---|---|
| Authors | Romola Adeola (0000-0001-9442-3773, University of Pretoria, corresponding author), Frans Viljoen (0000-0003-0551-0109, University of Pretoria, corresponding author), Trésor Makunya Muhindo (University of Pretoria, corresponding author) |
| Year | 2021 |
| Volume | 65 |
| Issue | S1 |
| Pages | 131-151 |
| Publication date | 2021-05-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855321000061 |
| OpenAlex | W3162200843 |
| Language | EN |
| References cited | 4 |
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 Africa. This article provides a background to and commentary on General Comment No 5, leveraging on the insight of the authors, who participated in its drafting. Unlike the UN Human Rights Committee's earlier general comment, General Comment No 5 provides detailed guidance on the internal dimension of the right to free movement and residence. As “soft law”, its persuasive force depends on a number of factors, including its use at the domestic level, its visibility and its integration into regional human rights jurisprudence
Charter · Commission · Freedom of movement · General assembly · Human rights · International human rights law · Jurisprudence · Political science · Residence · Sociology · Human Rights and Development · International Law and Human Rights · Law · Ombudsman and Human Rights
| Citation velocity | historical |
|---|---|
| Highly cited | No |