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Corruption and human rights law in Africa / Kolawole Olaniyan.

By: Olaniyan, Kolawole [author.].
Material type: TextTextSeries: Studies in international law (Oxford, England): volume 52.Publisher: Oxford : Hart Publishing, 2014Description: xxxvi, 403 pages ; 25 cm.ISBN: 9781849466370.Subject(s): Corruption -- Africa | Human rights -- Africa | AfrikaDDC classification: 342.6085
Contents:
pt. I Framework 1.Corruption and Human Rights Law: Historical and Conceptual Frameworks Introduction Historical Overview Myriad Definitions of Corruption The Causes and Consequences of Corruption Corruption and Human Rights: The Relationship between State and Citizen Toward a Universal Definition of Corruption Conclusion 2.The International Dimensions of Corruption and Money Laundering Money Laundering: Legal and Other Initiatives Background Meaning of Money Laundering Legal and Other Initiatives Enhanced Public Interest Role for Banking and Other Financial Institutions Money Laundering and Corruption in Africa Corruption and Poverty Money Laundering and Asset Recovery Initiatives pt. II National and International Laws against Corruption 3.National Legal Frameworks for Fighting Corruption in Africa Contents note continued: Legal Frameworks against Corruption Across Africa Constitutions Legislation Constitutional and Legislative Obstacles in the Fight against Corruption Immunity Clauses Prosecutorial Discretion and Political Appointees Existing Anti-corruption Mechanisms: Questions on Independence and Effectiveness 4.International Legal Frameworks for Fighting Corruption across Africa Comparative Analysis Object and Purpose Definitions and Use of Terms Preventive Measures Criminalisation and Law Enforcement International Cooperation Asset Recovery Implementation Mechanisms pt. III Human Rights Law and Corruption 5.Effects of Corruption on Human and Peoples' Rights The Object and Purpose of the African Charter Obligations of States Parties under the African Charter Human and Peoples' Rights Affected by Corruption Contents note continued: The Right to Life and Integrity of Person The Right against all Forms of Slavery, Slave Trade, Torture and Inhumane or Degrading Treatment The Right to Liberty and Security of Person The Right to a Fair Trial The Right to Information and Freedom of Expression The Freedom of Association and the Freedom of Assembly The Freedom of Movement The Right to Participate in the Government of One's Country The Right to Property The Right to Equitable and Satisfactory Conditions of Work The Right to Health The Right to Education Protection of the Family and Related Rights Women's Human Rights Contained in the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa Children's Human Rights Contained in the African Charter on the Rights and Welfare of the Child The Right to Good Governance Contained in the African Charter on Democracy, Elections and Governance Contents note continued: The Right to Adequate Food, as Implied in the African Charter The Right to Adequate Housing, as Implied in the African Charter 6.The Potential of Human Rights Law in Combating Corruption in Africa The Concept of Right to Wealth and Natural Resources Generally Right to Wealth and Natural Resources in the African Charter The Approach of the African Commission and the Court Operationalising Article 21: Interpretative Tools, Legal Doctrines and Theories Article 21, Human Rights and Corruption: Comparative Jurisprudence Potential Legal, Procedural, Substantive and Practical Challenges State Immunity Legal Standing and Causation Victims of Corruption Human Rights Law and Criminal Law Approaches to Corruption 7.Conclusions Comprehensive Legal and Judicial Reforms Required to Combat Corruption Constitutional and Legal Reforms The Office of Independent Special Counsel Contents note continued: Trust Funds for Victims of Corruption Assets Recovery Mutual Peer Review Mechanism for the AU Convention on Preventing and Combating Corruption Integration and Harmonisation of Anti-corruption Treaties and Mechanisms and African Human Rights Treaties and Mechanisms Improved and Expanded Roles for Civil Society and international and Regional Anti-corruption and Human Rights Non-government Organisations Regional Centre for Civic Education Regional Law Enforcement Academy.
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Reference 342.6085 OLA.C (Browse shelf) Available SLSN-B-10341

Includes bibliographical references (pages 373-381) and index.

pt. I Framework
1.Corruption and Human Rights Law: Historical and Conceptual Frameworks
Introduction
Historical Overview
Myriad Definitions of Corruption
The Causes and Consequences of Corruption
Corruption and Human Rights: The Relationship between State and Citizen
Toward a Universal Definition of Corruption
Conclusion
2.The International Dimensions of Corruption and Money Laundering
Money Laundering: Legal and Other Initiatives
Background
Meaning of Money Laundering
Legal and Other Initiatives
Enhanced Public Interest Role for Banking and Other Financial Institutions
Money Laundering and Corruption in Africa
Corruption and Poverty
Money Laundering and Asset Recovery Initiatives
pt. II National and International Laws against Corruption
3.National Legal Frameworks for Fighting Corruption in Africa
Contents note continued: Legal Frameworks against Corruption Across Africa
Constitutions
Legislation
Constitutional and Legislative Obstacles in the Fight against Corruption
Immunity Clauses
Prosecutorial Discretion and Political Appointees
Existing Anti-corruption Mechanisms: Questions on Independence and Effectiveness
4.International Legal Frameworks for Fighting Corruption across Africa
Comparative Analysis
Object and Purpose
Definitions and Use of Terms
Preventive Measures
Criminalisation and Law Enforcement
International Cooperation
Asset Recovery
Implementation Mechanisms
pt. III Human Rights Law and Corruption
5.Effects of Corruption on Human and Peoples' Rights
The Object and Purpose of the African Charter
Obligations of States Parties under the African Charter
Human and Peoples' Rights Affected by Corruption
Contents note continued: The Right to Life and Integrity of Person
The Right against all Forms of Slavery, Slave Trade, Torture and Inhumane or Degrading Treatment
The Right to Liberty and Security of Person
The Right to a Fair Trial
The Right to Information and Freedom of Expression
The Freedom of Association and the Freedom of Assembly
The Freedom of Movement
The Right to Participate in the Government of One's Country
The Right to Property
The Right to Equitable and Satisfactory Conditions of Work
The Right to Health
The Right to Education
Protection of the Family and Related Rights
Women's Human Rights Contained in the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa
Children's Human Rights Contained in the African Charter on the Rights and Welfare of the Child
The Right to Good Governance Contained in the African Charter on Democracy, Elections and Governance
Contents note continued: The Right to Adequate Food, as Implied in the African Charter
The Right to Adequate Housing, as Implied in the African Charter
6.The Potential of Human Rights Law in Combating Corruption in Africa
The Concept of Right to Wealth and Natural Resources Generally
Right to Wealth and Natural Resources in the African Charter
The Approach of the African Commission and the Court
Operationalising Article 21: Interpretative Tools, Legal Doctrines and Theories
Article 21, Human Rights and Corruption: Comparative Jurisprudence
Potential Legal, Procedural, Substantive and Practical Challenges
State Immunity
Legal Standing and Causation
Victims of Corruption
Human Rights Law and Criminal Law Approaches to Corruption
7.Conclusions
Comprehensive Legal and Judicial Reforms Required to Combat Corruption
Constitutional and Legal Reforms
The Office of Independent Special Counsel
Contents note continued: Trust Funds for Victims of Corruption
Assets Recovery
Mutual Peer Review Mechanism for the AU Convention on Preventing and Combating Corruption
Integration and Harmonisation of Anti-corruption Treaties and Mechanisms and African Human Rights Treaties and Mechanisms
Improved and Expanded Roles for Civil Society and international and Regional Anti-corruption and Human Rights Non-government Organisations
Regional Centre for Civic Education
Regional Law Enforcement Academy.

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