Browsing Research Articles - Dullah Omar Institute by Title
Now showing items 1-20 of 35
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The 2010 Kenyan constitution and the hierarchical place of international law in the Kenyan domestic legal system: a comparative perspective
(Pretoria University Law Press (PULP), 2013)The prominent use of international human rights law in a state’s domestic legal system depends on the hierarchical place occupied by international law in general, and international human rights law in particular, among the ... -
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 ... -
The approaches of the African Commission to the right to health under the African Charter
(Faculty of Law, University of the Western Cape, 2013)In 2012 the African Commission on Human and Peoples' Rights celebrated its 25 years of existence. The Commission was established pursuant to the African Charter on Human and Peoples Rights, which came into force in 1986. ... -
Are the rights of children paramount in prison legislation?
(Juta Law, 2013)The principle, the rights of the child shall be of paramount importance in all decisions affecting the child, is established firmly in international law and, accordingly, reflected in the Constitution. Constitutional ... -
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 ... -
Confronting the state of local government: the 2013 Constitutional Court decisions
(Juta, 2016)In September 2014 the then Minister of Cooperative Governance and Traditional Affairs, Pravin Gordhan, divided municipalities into three groups: a third of the municipalities was carrying out their tasks adequately, a third ... -
The criminalization of torture in South Africa
(Cambridge University Press, 2016)This article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The ... -
Devolution by court injunction: The case of land use planning and management in South Africa
(Uganda Management Institute, 2016)In South Africa, the legal and policy framework for land use planning and control underwent a significant transformation in which power over land use planning and control was shifted from provinces to local governments. ... -
The enforcement of socio-economic rights against local governments in South Africa
(International Development Law Organization (IDLO), 2015)Poverty and underdevelopment are South Africa’s greatest challenges. These are inextricably linked to uneven access to adequate public services. By all accounts, South Africa has made impressive progress in extending ... -
Entrenching decentralisation in Africa: A review of the African charter on the values and principles of decentralisation, local governance and local development
(Springer Verlag, 2018)The African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (African Charter on Decentralisation) in 2014. The Charter seeks to promote ... -
‘Equally unequal or unequally equal’: Adopting a substantive equality approach to gender discrimination in Nigeria
(SAGE Publications, 2017)The purpose of this article is to critically assess the approach of Nigerian courts to interpreting section 42 of the Constitution. This article argues that Nigerian courts are yet to develop a substantive equality approach ... -
A gendered analysis of Section 48(2)(d) of the Zimbabwean Constitution of 2013
(Oxford University Press, 2017)The purpose of this article is to critically review the provision of section 48 (2) (d) of the Zimbabwean Constitution from a gendered perspective. Section 48 (2) (d) of the Constitution would seem to have abolished death ... -
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 ... -
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 ... -
Impact of the Boko Haram insurgency on the child's right to education in Nigeria
(Academy of Science of South Africa, 2016)This paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child's right to education. The article concludes by assessing how the Nigerian government has lived up to its obligations under international ... -
The implication of oil pollution for the enjoyment of sexual and reproductive rights of women in Niger Delta area of Nigeria
(Taylor & Francis, 2013)Oil is a major source of income for Nigeria and it is the mainstay of the country’s economy. Nigeria’s intensive oil sector accounts for nearly 40% of its gross domestic product, but declined steadily to an average of ... -
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 ... -
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 ... -
Legal and human rights dilemma relating to sexuality education in Africa
(Inderscience, 2016)This article examines the benefits of sexuality education in schools in Africa and then considers the legal and human rights issues relating to the objection to its introduction. In doing this, the article discusses some ... -
Lessons from the past: Remand detention and pre-trial services
(Academy of Science of South Africa (ASSAf)., 2013)A 1997 project established by the Vera Institute of Justice, a New York-based non-government organisation, aimed to alleviate overcrowding in South African prisons by assisting magistrates in bail proceedings and thereby ...
