African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts.
An introductory chapter which outlines the legal framework and judicial practice across Africa is followed by case studies on Kenya, Ghana, Botswana, Tanzania, Zambia, Uganda, Benin and Côte d’Ivoire. The book further includes thematic chapters dealing with Namibian equality jurisprudence, right to health litigation in Nigeria, children’s rights litigation in South Africa, the Habré case in Senegal, and the role of the Uganda Human Rights Commission in promoting international law.