Mbu, Nelson Baiye; Endoh, Fabrice Tambe(Pretoria University Law Press, 2023)
This commentary examines and highlights some crucial aspects
of the reparation ruling by the African Court on Human and Peoples’ Rights
in African Commission on Human and Peoples’ Rights v Kenya (Ogiek
case), focusing ...
Machacha, Mandipa Goitsemang(Scalabrini Institute for Human Mobility in Africa (SIHMA) and University of the Western Cape, 2023-09)
This article delves into the multifaceted human rights challenges confronting migrant
women in Botswana, with a particular focus on women from Zimbabwe. The
exploration reveals pervasive gender-specific barriers hampering ...
Ngwena, Charles G.(Pretoria University Law Press, 2023)
In this case discussion we explore the constitutional and
human rights implications of a decision of a High Court of Zimbabwe
in Nathanson v Mteliso & Others for the recognition of transgender
identity. The Court found ...
The discourse on the evolving nature of African-led peace support operations (pso) is not complete without asking how gender-inclusive they are. Women have historically been underrepresented within the peace and security ...
Rugoho, Tafadzwa; Ganle, John Kuumuori; Stein, Michael; Groce, Nora; Wright, E. Pamela; Broerse, Jacqueline E.W.(Cambridge University Press, 2024)
This case study investigates strategies used by the NGO Leonard Cheshire Disability Zimbabwe (LCDZ) to
promote the SRHRs of girls and young women with disabilities in Zimbabwe. The findings show that
LCDZ employed a ...
This article examines the recent adoption of the Twin Peaks model by the United Kingdom and South Africa. An international and comparative analysis is provided. It
observes that there is a gradual paradigm shift across ...
In terms of Article 1(1) of the of the African Charter on the Rights and Welfare of the Child (African Children’s Charter), state parties are encouraged to recognise the rights, freedoms and duties enshrined in this Charter ...
Sekati, Phenyo Nomasonto Morwesi(Institute for Foreign and Comparative Law, 2022-03)
Cyberspace operates on a geographically borderless platform, thus often rendering national laws ineffective in regulating the impact of cyber-related activities outside South African borders. Recognising this issue, South ...
The core legal question in the Coko v S judgment turned on whether the complainant tacitly consented to penetrative sex. The appellant was
acquitted by the high court based on his defence that he genuinely believed that ...
The right to dignity of sexual minorities has continued to be violated across Africa, necessitating the need to deploy national, regional, and global human rights to secure its promotion and protection. Human dignity is a ...
Rudman, Annika; Musembi, Celestine Nyamu; Makunya, Trésor Muhindo(Pretoria University Law Press, 2023)
Since its adoption on 11 July 2003, the Protocol to the African Charter on
Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo
Protocol) has become a landmark on the African human rights landscape. ...
Makunya, Trésor Muhindo; Abelungu, Junior Mumbala(Pretoria University Law Press, 2023)
1. States parties undertake to respect and ensure
respect for the rules of international humanitarian law
applicable in armed conflict situations, which affect the
population, particularly women.
2. States parties ...
Makunya, Trésor Muhindo; Bwanaisa, Mercy(Pretoria University Law Press, 2023)
States Parties shall ensure that women have the right to
nutritious and adequate food. In this regard, they shall
take appropriate measures to:
(a) provide women with access to clean drinking
water, sources of domestic ...
Makunya, Trésor Muhindo(Cambridge University Press, 2023-06)
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) established a reporting process to monitor compliance. Despite its shortcomings, this process provides an ...
Viljoen, Frans; Ayeni, Victor Oluwasina(2023-09-29, 2022)
This article compares second-order state compliance in respect of regional and sub-regional human rights tribunals (HRTs) in Africa. Using as its unit of analysis the compliance orders issued by these HRTs, the article ...
Stein, Penelope J.S.; Stein, Michael Ashley(Johns Hopkins University Press, 2022-02)
The universally dire threat of climate change disproportionately affects marginalized populations, including the over one billion persons with disabilities worldwide. States that disregard the Paris Agreement, or exclude ...
Abstract
Judicial interpretation as a mechanism through which the judiciary construes the law must be exercised very cautiously by the courts because it is the sole institution to interpret and ensure a just and equitable ...
ADEDOYIN, FAROUK SULAIMAN TAIWO(University of Pretoria, 2023)
This research has interrogated the extent to which the right to access quality basic education has been achieved in Sierra Leone. Chapter one was mostly foundational, discussing the background about the provision of the ...
This thesis appraises the adequacy of the social model of disability in responding to violations of declarations of unfitness during plea and proceedings (unfitness declarations) against persons with psychosocial disabilities ...
In Africa, persons with albinism, as a public health condition, are particularly susceptible to accusations of witchcraft and hazardous activities. Attacks on the group have been sparked by the stereotypes and superstitions ...