African Human Rights Law Journal最新文献

Beyond symmetrical binaries: The emergence of the constitutional recognition of transgender persons in Zimbabwe with reference to Nathanson v Mteliso & Others 超越对称的二元对立：以 Nathanson 诉 Mteliso 及其他人案为例，津巴布韦变性人获得宪法承认的情况

African Human Rights Law Journal Pub Date : 2024-01-31 DOI: 10.17159/1996-2096/2023/v23n2a7

Kutlwano Pearl Magashula, Charles Ngwena

引用次数: 0

The prospects of litigation to secure maternal health in Nigeria: Does SERAP v Attorney-General Lagos have any value? 尼日利亚保障孕产妇健康的诉讼前景：SERAP 诉拉各斯总检察长案是否有价值？

African Human Rights Law Journal Pub Date : 2024-01-31 DOI: 10.17159/1996-2096/2023/v23n2a3

Oluseyi Olayanju

{"title":"The prospects of litigation to secure maternal health in Nigeria: Does SERAP v Attorney-General Lagos have any value?","authors":"Oluseyi Olayanju","doi":"10.17159/1996-2096/2023/v23n2a3","DOIUrl":"https://doi.org/10.17159/1996-2096/2023/v23n2a3","url":null,"abstract":"Blood transfusions play a crucial role in addressing obstetric complications such as post-partum haemorrhage and anaemia that contribute to maternal deaths. The right to health guaranteed by numerous international human rights instruments, national constitutions and legislation obligates governments to ensure that women have access to interventions to prevent maternal mortality. In 2020 a health policy in Lagos State, Nigeria, providing that, in the event that patients are likely to need a blood transfusion, such as pregnant women, spouses and relatives are required to donate blood as a condition for accessing maternity and health services in government-run health facilities, was the subject of a High Court ruling. The judgment declared the policy to be a breach of some human rights guaranteed by the Nigerian Constitution, legislation and international instruments that the country had ratified. Additionally, the judge noted that the policy contributed to maternal deaths. Consequent to the above, this article explores the contribution of human rights litigation and the ensuing verdicts to the protection of maternal health globally, and in light of these evaluates the value of the judgment in particular. A few national and international cases involving other countries that depict the strides that have been made in the use of human rights litigation to protect maternal health are presented to enable an appreciation of the extent to which human rights litigation has been used to support maternal mortality reduction efforts. A critical appraisal of the Lagos State court's decision with a view to determining its potential to contribute to maternal mortality reduction efforts in Nigeria and elsewhere is then embarked upon. The finding is that despite certain flaws identified in the judgment, it makes a valuable contribution to the protection of maternal health and, by extension, the reduction of maternal mortality in Nigeria.","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"170 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140475733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Mariana Trench of transphobia in South Africa: The legislative lacunae in KOS v Minister of Home Affairs 南非变性恐惧症的马里亚纳海沟：KOS 诉内政部长案中的立法空白

African Human Rights Law Journal Pub Date : 2024-01-31 DOI: 10.17159/1996-2096/2023/v23n2a8

Sophy Baird

引用次数: 0

Interrogating the evolution of a constitutionally-legitimised 'Big Man' political culture and its influence on political participation by Kenyan youth 探究宪法合法化的 "大人物 "政治文化的演变及其对肯尼亚青年政治参与的影响

African Human Rights Law Journal Pub Date : 2024-01-31 DOI: 10.17159/1996-2096/2023/v23n2a2

B. Bwire

{"title":"Interrogating the evolution of a constitutionally-legitimised 'Big Man' political culture and its influence on political participation by Kenyan youth","authors":"B. Bwire","doi":"10.17159/1996-2096/2023/v23n2a2","DOIUrl":"https://doi.org/10.17159/1996-2096/2023/v23n2a2","url":null,"abstract":"This article critically analyses the evolution ofKenya's constitutionally-legitimised 'Big Man' political culture and its influence on youth political participation. The core thesis of the article is that Kenya's constitutionally-legitimised 'Big Man' political culture restricts youth political participation, beyond voting, while making them susceptible to manipulation by politicians. In exploring this thesis, the article's guiding research question is: Beyond voting, how has the Kenyan government enhanced or restricted direct youth political participation as a right provided for under article 25 of International Covenant on Civil and Political Rights (ICCPR) and subsequently domesticated under the Kenyan Constitution? The modes of political participation examined in this context are forming a political party and running for public office. Contextually, the article interrogates the political regimes of Kenyatta, Moi, Kibaki and Uhuru and their use of constitutional amendments to crystallise power in the executive for critical analysis of the evolution of Kenya's 'Big Man' political culture pertaining to youth political participation. It then applies the lessons learned from past and current regimes to inform recommendations on how the state can facilitate the Kenyan youth to enjoy the right of political participation fully, effectively and equally as provided for under article 25 of ICCPR as domesticated under the Kenyan Constitution.","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"111 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140479032","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Public participation as an essential requirement of the environmental rule of law: Reflections on South Africa's approach in policy and practice 公众参与是环境法治的基本要求：对南非政策和实践方法的思考

African Human Rights Law Journal Pub Date : 2024-01-31 DOI: 10.17159/1996-2096/2023/v23n2a4

Jenny Hall, Peter Lukey

{"title":"Public participation as an essential requirement of the environmental rule of law: Reflections on South Africa's approach in policy and practice","authors":"Jenny Hall, Peter Lukey","doi":"10.17159/1996-2096/2023/v23n2a4","DOIUrl":"https://doi.org/10.17159/1996-2096/2023/v23n2a4","url":null,"abstract":"The need for public participation to be embedded in environmental governance has for several decades been accepted in international law. There are many reasons for this, including the fact that public participation facilitates better informed and credible decisions that affect the environment and the people who live in it. However, while acceptance of the need for public participation is widespread, approaches to giving effect to it in practice lie on a spectrum. At one end of the spectrum lie 'weak' methods that arguably pay lip service to the principle rather than providing opportunities for meaningful engagement and change. On the other lie 'strong' methods that embrace the full underlying ethos of public participation and provide real potential for those often marginalised from the core of power to influence outcomes and secure environmentally-just decisions. South Africa's approach provides an opportunity to examine both ends of the public participation spectrum. Post-democracy its approach has moved from a limited, exclusive and mechanistic one to an approach that in environmental policy and legislation in many ways exemplifies the upper rungs of Arnstein's well-known ladder of public participation. Nevertheless, a survey of judgments emphasises that legislative efforts aimed at ensuring 'strong' participation methods can become diluted where officials do not consistently embrace the full value and intended purpose of public participation in their decisions. In such instances the courts can play a valuable role in steering practice back to the intended path.","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"311 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140470884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The right to development in Francophone Africa: Post-colonial agreements, sovereign authority and control over natural resources 非洲法语国家的发展权：后殖民协定、主权权力和对自然资源的控制

African Human Rights Law Journal Pub Date : 2024-01-31 DOI: 10.17159/1996-2096/2023/v23n2a1

Justin Ngambu Wanki

{"title":"The right to development in Francophone Africa: Post-colonial agreements, sovereign authority and control over natural resources","authors":"Justin Ngambu Wanki","doi":"10.17159/1996-2096/2023/v23n2a1","DOIUrl":"https://doi.org/10.17159/1996-2096/2023/v23n2a1","url":null,"abstract":"This article critiques the decolonisation process of erstwhile colonised Francophone African states, during which France failed to effectively guarantee these states at independence the kind of sovereignty that empowered them to design their own political, educational and development policies. Consequently, the right to development in Francophone Africa remains a mere aspiration given that decolonisation failed to result in the attainment of self-reliance by the states that assumed independence. Instead, on the eve of independence, France secretly concluded cooperation agreements with the governments poised to ascend to independence and concluded others immediately after independence. Some of the secret agreements contained clauses that prioritised France to buy any natural resources of their choice in these Francophone states. Worse still, through cultural and educational assimilation, the French have colonised the minds of Francophone Africans to the extent that they defend French interests at the expense of theirs. The secret agreements have compromised the ability of the so-called independent states to implement and execute national development plans, and the AU Agenda 2063 on development in these states. Consequently, recommendations have been suggested to enable these states to recover from French exploitation and regain their total sovereignty.","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"111 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140475449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Recognising form through function in the context of integrating the bride requirement in customary marriages in South Africa 在将新娘要求纳入南非习俗婚姻的背景下，通过功能认识形式

African Human Rights Law Journal Pub Date : 2024-01-31 DOI: 10.17159/1996-2096/2023/v23n2a6

H. Kruuse, L. Mwambene

{"title":"Recognising form through function in the context of integrating the bride requirement in customary marriages in South Africa","authors":"H. Kruuse, L. Mwambene","doi":"10.17159/1996-2096/2023/v23n2a6","DOIUrl":"https://doi.org/10.17159/1996-2096/2023/v23n2a6","url":null,"abstract":"In previous scholarship we argued how the state and courts have tended to favour a formal or definitional approach to customary marriages in South Africa, leaving vulnerable parties, particularly women, not adequately protected. In this article we focus on a new approach emerging from the courts, particularly relating to the integration of the bride as a requirement for the validity of a customary marriage. While we affirm the courts' emerging approach regarding integration, we take issue with the language used by the courts, particularly that relating to the word 'waiver'. In considering the recent South African Supreme Court of Appeal decisions on integration, and the High Court decisions that have followed, we believe the courts are in fact not waiving the requirement, but recognising that the requirement of integration may be met in another way. In considering these cases, although the court does not explicitly rely on Ramose's 'social acceptance' thesis as to the validity of law, we believe that adopting this approach will do much to assuage concerns about courts ignoring custom. More importantly, Ramose's 'social acceptance' theory gives credit to living customary law as a legal system which, as widely observed, promotes the very values on which the Constitution is founded. We also believe that Ramose's approach is a much more balanced approach in this context than a typically Western approach that promotes certainty over the protection of vulnerable parties, and represents the very evolving nature of living customary marriage laws and practices.","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"189 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140478394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Traditional leadership in South Africa: From blood and might usurpation to constitutional accountability 南非的传统领导：从血缘和强权篡夺到宪法问责

African Human Rights Law Journal Pub Date : 2024-01-31 DOI: 10.17159/1996-2096/2023/v23n2a5

Sipho Nkosi

{"title":"Traditional leadership in South Africa: From blood and might usurpation to constitutional accountability","authors":"Sipho Nkosi","doi":"10.17159/1996-2096/2023/v23n2a5","DOIUrl":"https://doi.org/10.17159/1996-2096/2023/v23n2a5","url":null,"abstract":"Despite regional variations, traditional leadership has always been practised in the same way all across oceans and nations. It has always been an incident of birth and gender, and that the rank and status of the mother of the heir-apparent in his father's homestead has often been the overriding consideration. In the past there were methods through which dynasties and bloodlines could be altered, namely, (i) the 'blood and might' usurpation of power, which is the subject of this article; and (ii) oral wills ('dying declarations') that would have been made by the deceased ruler on his deathbed. However, the 'blood and might' method now is merely of historical genealogical significance; it only helps to provide context in the event of a dispute in this regard. To that end, relying on BaPedi Marota Mamone v Commission, as an example, the article explains the applicable legal history, including the significance of the 'blood and might' method in pre-colonial times, and how this helps to place the recent constitutional developments and judicial pronouncements in their proper perspective. The article also demonstrates that the 'indirect rule' of traditional communities -which was the hallmark of colonialism and apartheid - continues to apply albeit under the glare of the Constitution. However, crucial gender transformation should be introduced cautiously into this area of the law, and the change should be gradual and 'adaptive', as reflected in section 2 of the Traditional and Khoisan Leadership Act 3 of 2019. The resources of the affected communities also should not be used to curry favour with any political party or any grouping within it. Failing that, the social fabric and moral and ethical fibre of the affected communities would be ruptured.","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"143 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140477964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A post-mortem assessment of the #EndSARS protest and police brutality in Nigeria 对尼日利亚#EndSARS抗议和警察暴行的事后评估

African Human Rights Law Journal Pub Date : 2023-07-24 DOI: 10.17159/1996-2096/2023/v23n1a7

Bonnievolo E Ecoma

{"title":"A post-mortem assessment of the #EndSARS protest and police brutality in Nigeria","authors":"Bonnievolo E Ecoma","doi":"10.17159/1996-2096/2023/v23n1a7","DOIUrl":"https://doi.org/10.17159/1996-2096/2023/v23n1a7","url":null,"abstract":"In October 2020 many Nigerians took to the streets to protest against the illicit and inhumane activities and brazen brutality of the Special Anti-Robbery Squad (SARS), a special unit of the Nigerian police force renowned for the most unethical, illegal, corrupt and dehumanising practices. With significant global reach and support, the protesters demanded, among others, the disbandment of the police unit and justice for all deceased victims of police brutality. These and other demands, which were all geared towards ending police brutality, were well received by the federal government, with promises of full compliance. A first step was the actual disbandment of SARS. With successive demands tilting towards a silent revolution, the protest was truncated by military repression, leaving many in doubt as to whether or not the government would fulfil its promises in respect of the demands. This article undertakes an assessment of the protest in its context in a bid to ascertain whether or not the post-protest period has witnessed an end to or reduction in the level of police brutality. It examines the culture of police brutality, precursors to the protest, the demands by protesters as well as the responses and promises by government, and appraises the extent to which such promises and proposed policy reforms by the federal government have translated into significant and sustainable changes in policing.","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48544875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Editorial 社论

African Human Rights Law Journal Pub Date : 2023-07-24 DOI: 10.17159/1996-2096/2023/v23n1a10

F. Viljoen

引用次数: 0