Initiating Constructive Debate: A Critical Reflection on the Death Penalty in Africa

By Lilian Chenwi / Comparative and International Law Journal of Southern Africa, on 1 January 2005

This article aims to show that there is a need for constructive debate on the death penalty in Africa. Considering that the African Commission is encouraging such a debate, the article begins with an examination of its stance on the subject. This is followed by a brief evaluation of the use of the death penalty in Africa, highlighting some areas of concern. The death penalty is then considered from a human rights perspective, focusing mainly on the possibility of relying on constitutional provisions on the right to life and the prohibition of cruel, inhuman and degrading treatment to challenge the death penalty.

  • Document type Article
  • Themes list Right to life, Cruel, Inhuman and Degrading Treatment and Punishment, Mandatory Death Penalty,