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The Regional Law of Refugee Protection in Africa$
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Marina Sharpe

Print publication date: 2018

Print ISBN-13: 9780198826224

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198826224.001.0001

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Regional Human Rights Law

Regional Human Rights Law

(p.122) 5 Regional Human Rights Law
The Regional Law of Refugee Protection in Africa

Marina Sharpe

Oxford University Press

Chapter 5 begins with a review of the literature on the relationship between international human rights law and international refugee law, which charts the evolution of human rights in refugee protection. Section C then goes on to address regional human rights law, beginning with the African Charter overall, followed by its provisions of particular relevance to refugees, in terms of both non-refoulement and asylum and rights during exile. This is followed by surveys of relevant aspects of the Women’s Protocol and the Children’s Charter. Having articulated the human rights component of the regional legal regime for refugee protection, section D then goes on to analyse how it interacts with regional refugee law. A final section concludes.

Keywords:   1969 OAU Convention, African Charter on Human and Peoples’ Rights, African Charter on the Rights and Welfare of the Child, asylum, human rights, non-refoulement, norm conflicts, Protocol to the African Charter on the Rights of Women in Africa, refugee

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