Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Subject "Human rights"
Now showing items 1-20 of 30
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Addressing female genital cutting/mutilation (FGC/M) in The Gambia
(Routledge, 2021)The purpose of this chapter is to examine the viability of the use of criminal sanction to address FGC/M in general. It then examines the nexus between FCG/M and human rights and discusses the reasons often adduced to ... -
Addressing Human Rights concerns raised by mandatory HIV testing of pregnant women through the Protocol to the African Charter on the Rights of Women
(Journal of African Law, 2008)This article considers the importance of preventing mother to child transmission of HIV in Africa. It argues, however, that any approach to achieving this aim must be consistent with respect for human rights. In particular, ... -
The African Commission on Human and People's Rights and the woman question
(Springer, 2016)This paper proposes that in developing jurisprudence on women's rights, the African Commission will need to ask the woman question particularly the African woman question. The woman question requires a judicial or ... -
Between rhetoric and reality: the relevance of substantive equality approach to addressing gender inequality in Mozambique
(GAP, 2017)The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas ... -
Breaking new ground : the need for a protocol to the African Charter on the abolition of the death penalty in Africa
(African Human Rights Law Journal, 2005)The 1980s saw the drafting and adoption of international treaties on the abolition of the death penalty. In the European and Inter-American human rights systems, steps have been taken to abolish the death penalty by means ... -
Compulsory licensing and access to medicines in post Doha era: What hope for Africa?
(Netherlands International Law Review, 2008)The Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1994, an outcome of the Uruguay Round negotiations, radically altered the role of international trade law in promoting and enforcing intellectual ... -
The constitutional conversation between the federal structure and a bill of rights
(Community Law Centre, University of the Western Cape, 2015-01)It is often assumed that a constitution speaks with one voice and that all parts are in harmony with each other. Although different provisions can be given higher status than others (as reflected in the more arduous amendment ... -
The Ebola Virus and Human Rights Concerns in Africa
(African Journal of Reproductive Health, 2015)In the wake of the Ebola virus disease (EVD) that is ravaging parts of Africa certain measures are being taken by governments to prevent the spread of the epidemic within their borders. Some of these measures are drastic ... -
Eviction process in Nigeria: the need for meaningful engagement
(Commonwealth Law Bulletin, 2018)The important process of meaningful engagement with persons affected by eviction has been greatly under-utilised in Nigeria and this leaves the victims in a dire situation as their yearnings are hardly met. Having regard ... -
Guidelines and principles on imprisonment and the prevention of torture under the African Charter on Human and Peoples' Rights - how relevant are they for South Africa?
(Faculty of Law, UWC, 2013)It must be regarded as a peculiarity that the African Charter on Human and Peoples’ Rights makes no specific mention of prisoners’ rights and that these rights have to be inferred from overall reading of the Charter, and ... -
Human rights and access to healthcare services for indigenous peoples in Africa
(Taylor & Francis, 2017)In September 2015, the United Nations adopted the sustainable development goals (SDGs) to address among others poverty and inequality within and among countries of the world. In particular, the SDGs aim at ameliorating the ... -
Human rights and governance - implications of the water crisis in the City of Cape Town
(ESR Review : Economic and Social Rights in South Africa, 2018)The Dullah Omar Institute (DOI) at the University of the Western Cape, in conjunction with the Konrad- Adenauer-Stiftung (KAS), hosted a roundtable discussion on the human rights and governance implications of the water ... -
The Human Rights Council’s Resolution on Maternal Mortality: Better late than never
(African Human Rights Law Journal, 2010)The article examines data in relation to maternal mortality and the causes of death during pregnancy and childbirth. It analyses the United Nations Human Rights Council’s Resolution on Maternal Mortality and its importance ... -
Human rights implications of mandatory premarital HIV testing in Nigeria
(International Journal of Law, Policy and the Family, 2010-04)This article considers the implications of public health policy on the enjoyment of individuals’ fundamental rights. It specifically examines the appropriateness of mandatory premarital human immunodeficiency virus (HIV) ... -
The human rights implications of virginity testing in South Africa
(SAGE Publications, 2016)This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major ... -
A human rights response to cervical cancer in Africa
(International Journal of Human Rights, 2011-03)This article examines the prevalence and impacts of human papilomavirus (HPV) transmission among women in Africa. It then examines the relevance of a rights-based approach to health-related challenges such as cervical ... -
The impact of routine HIV testing on HIV-related stigma and discrimination in Africa
(International Journal of Discrimination and the Law, 2011)This paper discusses different methods of human immunodeficiency virus (HIV) testing, particularly routine and voluntary HIV testing methods, which have been adopted in response to the HIV epidemic in Africa. It then ... -
Implementing legal accountability to reduce maternal mortality and morbidity in Uganda
(African Human Rights Law Journal, 2018)Accountability is a vital human rights principle to address preventable maternal morbidity and mortality in Uganda. The continuous use of ‘accountability’ as a term without elaborating on it gets in the way of using its ... -
Initiating constructive debate: a critical reflection on the death penalty in Africa
(Comparative and International Law Journal of Southern Africa, 2006)For the first time in the agenda of the African Commission on Human and Peoples' Rights, during the 36th Ordinary Session (2004), the death penalty was one of the issues discussed. Commissioner Chirwa initiated debate on ... -
Involuntary sterilisation as a form of violence against women in Africa
(SAGE Publications, 2017)This article examines the meaning and nature of sterilisation. It equally discusses the historical context of involuntary sterilisation and its likely human rights implications. More importantly, it discusses the decision ...