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Research Articles (Centre for Human Rights)
Recent Submissions
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Agyemang, Clement
(University of Pretoria, 2022)
The right to development (RTD) remains a controversial subject at the international level due to disagreements over its nature as a collective and a people’s right. This notwithstanding, the RTD is recognised by the African ...
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Hager, Liesl
(University of Pretoria, 2023)
In Mgenge v Mokoena & another [2023] JOL58107 (GJ), the Gauteng High Court, Johannesburg, per Rome AJ, considered the validity of a customary marriage concluded between the bride (the first respondent)and ...
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Kuwali, Dan
(Adonis & Abbey Publishers Ltd, 2024-12)
This paper investigates how countries divided by colonial legacy and Cold War
antagonism, specifically Malawi and Mozambique, can build mutual trust to
enhance geostrategic stability, a critical component for their peace, ...
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Zambezi, Denise; Viljoen, Frans
(Taylor and Francis, 2024)
BACKGROUND : The transgender population is one of the most marginalized and misunderstood population groups in South Africa. Despite a progressive and inclusive human rights-based legal framework, transgender people in ...
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Obwogi, Jonathan O.; Kremte, Henok A.
(Pretoria University Law Press, 2024)
This article evaluates the implementation status of decisions by the African Commission on Human and Peoples’ Rights on individual communications involving Botswana, Ethiopia and Kenya. The analysis includes all ...
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Lasseko-Phooko, Matilda
(Pretoria University Law Press, 2024)
This contribution is concerned with women who opt to undergo female genital mutilation in adulthood. While contentious, the idea that a woman can consent to FGM is condoned in certain African countries in law and in practice. ...
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Biegon, Japheth
(Pretoria University Law Press, 2024)
This article analyses the impact of the country-specific resolutions of the African Commission on Human and Peoples’ Rights using a theoretical framework constructed around the concept of ‘naming and shaming’. The Commission’s ...
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Mbanje, Tendai; Okoloise, Chairman
(Pretoria University Law Press, 2024)
The African Commission on Human and Peoples’ Rights plays a pivotal role in promoting and protecting human and peoples’ rights across the continent. Despite widespread ratification of the African Charter on Human and ...
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Ashenafi, Abiy
(Pretoria University Law Press, 2024)
A considerable portion of disadvantaged people in Africa live in
inadequate housing and are particularly prone to homelessness, forced
evictions and other housing challenges. These people include refugees in
vulnerable ...
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Ayo-Ojo, Bayode Sunday
(Pretoria University Law Press, 2024)
According to the Optional Protocol to the Convention against
Torture (OPCAT), national preventive mechanisms (NPMs) are required to
conduct regular visits to detention centres and provide recommendations to
authorities ...
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Kuwali, Dan
(Unisa Press, 2024-12)
The geostrategic rivalry between the West and the East is taking centre stage in global affairs, with Africa becoming an alluring battleground. Averting overt conflict, global powers are using economic, political and ...
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Maravall-Buckwalter, Isabel; Dubin, Adam David; Durojaye, Ebenezer
(Cambridge University Press, 2025)
On 19 August 2020, the Constitutional Court of Uganda handed down a landmark judgment on maternal health rights in Uganda. This judgment held that the State of Uganda was responsible for violating the right to health, ...
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Bradlow, Daniel David; Masamba, Magalie L.
(Wiley, 2024-05)
The New Development Bank (NDB) launched its first project in Africa on April
13, 2016, and on August 17, 2017, the Bank opened its Africa Regional Centre
(ARC) in Johannesburg, South Africa. This article assesses the ...
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Cairns, Lynne O.; Fambasayi, Rongedzayi; Katsidzira, Rejoice Shamiso; Milic, Predrag; Cilliers, Jua; Barros, Paula
(Cogitatio Press, 2024-09-12)
Children, a unique yet marginalized social group, hold immense potential for driving meaningful social and
environmental change, both in their current lives and as future stewards of the planet. However, their
significant ...
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Msipa, Dianah; Massah, Bonface T.; Van Hout, Marie Claire
(Elsevier, 2024-10)
Albinism is broadly considered a rare disease and is estimated to affect between one in 17 000 and one in 20 000 people worldwide.
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Ilori, Oluwatomiwa Timothy
(Juta Law, 2024)
This article examines the use of soft law for digital rights
protection in African countries. Focusing particularly on the Declaration
of Principles on Freedom of Expression and Access to Information in
Africa, 2019 ...
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Ngwena, Charles G.; Kismodi, Eszter; Palestra, Francesca; Stahlhofer, Marcus; Mohan, Kalyani
(Wiley, 2024-09)
Historically, countries have primarily relied on policy rather than legislation to implement Maternal and Perinatal Death Surveillance and Response systems (MPDSR). However, evidence shows significant disparities in how ...
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Adeola, Aderomola
(Academy of Science of South Africa, 2023-10-16)
Article 43 of the African Charter on the Rights and Welfare of the Child mandates state parties to report on their efforts made towards implementing treaty provisions to the African Committee on the Rights and Welfare of ...
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Bornman, Juan; Msipa, Dianah
(AOSIS, 2024-07)
BACKGROUND: Individuals with communication disabilities encounter obstacles in attaining
equal access to justice compared to others. Despite experiencing widespread violence and
abuse, they come across as challenges in ...
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Ayo-Ojo, Bayode Sunday
(Cambridge University Press, 2024-10)
Article 2 of the 1984 Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) obligates states to take measures to prevent torture. While many states have provisions that prohibit ...
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