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An evaluation of the nexus between Ubuntu and the African Charter on Human and Peoples' rights
Mini Dissertation (LLM)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613662407032832 |
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| access_status_str | Open Access |
| author2 | Madlingozi, Tshepo |
| author_browse | Madlingozi, Tshepo |
| author_facet | Madlingozi, Tshepo |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/53177 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:42.666Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/53177 An evaluation of the nexus between Ubuntu and the African Charter on Human and Peoples' rights Madlingozi, Tshepo tolexng@yahoo.com Oluwaranti, Oluwafunmilayo UCTD Law theses SDG-16 SDG-16: Peace, justice and strong institutions Mini Dissertation (LLM)--University of Pretoria, 2015. This study is based on the moral philosophy and theory of African humanness termed ubuntu. A qualitative methodology has been adopted to interpret ubuntu in the light of, and in contrast to the Eurocentrisim of human rights law, particularly as contained in the African Charter on Human and Peoples Rights. The study identifies the inconsistencies in the African Charter and the weaknesses in the jurisprudence of the African Commission on Human and Peoples Rights. The researcher argues that inconsistencies and weaknesses arise due to the absence of an interpretive framework in the African Charter. Ubuntu is proposed as an interpretive framework at the hand of which the provisions of the Charter can be read and interpreted. Research shows that ubuntu aligns itself with the historical experiences and human rights values of the African continent. It is in line with the aspirations and intents of the drafters of the African Charter and more importantly, ubuntu has proved to be capable of promoting and protecting the rights and interests of a society without jeopardizing the rights and interests of the individual. It also has the potential of an harmonious balance between an individual s duties and his rights or needs. In conclusion, the researcher contends that with the adoption of ubuntu as an interpretive framework of the African Charter, those humanist aspirations of the African Charter which have so far been igored, can be achieved. Jurisprudence LLM Unrestricted 2016-06-14T09:45:17Z 2016-06-14T09:45:17Z 2016-04-14 2015 Mini Dissertation Oluwaranti, O 2016, An evaluation of the nexus between Ubuntu and the African Charter on Human and Peoples' rights, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/53177> A2016 http://hdl.handle.net/2263/53177 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Law theses SDG-16 SDG-16: Peace, justice and strong institutions An evaluation of the nexus between Ubuntu and the African Charter on Human and Peoples' rights |
| title | An evaluation of the nexus between Ubuntu and the African Charter on Human and Peoples' rights |
| title_full | An evaluation of the nexus between Ubuntu and the African Charter on Human and Peoples' rights |
| title_fullStr | An evaluation of the nexus between Ubuntu and the African Charter on Human and Peoples' rights |
| title_full_unstemmed | An evaluation of the nexus between Ubuntu and the African Charter on Human and Peoples' rights |
| title_short | An evaluation of the nexus between Ubuntu and the African Charter on Human and Peoples' rights |
| title_sort | evaluation of the nexus between ubuntu and the african charter on human and peoples rights |
| topic | UCTD Law theses SDG-16 SDG-16: Peace, justice and strong institutions |
| url | http://hdl.handle.net/2263/53177 |