Claw- Back Clauses And The Right To Liberty Under The African Charter
Claw-back clauses,derogation clauses,the doctrine of margin of appreciation and the right to liberty
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This book centers on the critical research problem of the so-called claw-back clauses and how it can be hindrance for the protection and promotion of the right to liberty and security of person. It also critically analyzes the concept of derogation clauses and the doctrine of margin of appreciation. This is made in the chase for answers to questions such as: How absence of comprehensive procedural safeguards influences the effectiveness of the right to liberty and security as it found in the African Charter? How absence of derogation clauses, existence of claw-back clauses and the doctrine of ...
This book centers on the critical research problem of the so-called claw-back clauses and how it can be hindrance for the protection and promotion of the right to liberty and security of person. It also critically analyzes the concept of derogation clauses and the doctrine of margin of appreciation. This is made in the chase for answers to questions such as: How absence of comprehensive procedural safeguards influences the effectiveness of the right to liberty and security as it found in the African Charter? How absence of derogation clauses, existence of claw-back clauses and the doctrine of margin of appreciation in the African Charter limit the enjoyment of the right to liberty? And what kind of measures should be taken to promote and protect the right to liberty? Hence, the book would help to identify obstacles to the effectiveness of the right to liberty under the African Charter. It also revisits the European and American human rights convention vis-a-vis the African Charter regarding the right to liberty. Finally, the book will wrap up by way of impressive conclusion with recommendations.
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