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COVID-19 casts a shadow over domestic workers
(José Frantz, 2021)
Even though they are recognised as workers and covered by certain labour laws, domestic workers remain one of the most poorly paid and disempowered sections of the workforce. Being a hard-to-organise sector, with weak ...
Should South Africa Criminalise Ukuthwala Leading to Forced Marriages and Child Marriages?
(Academy of Science of South Africa, 2021)
In 2014 the South African Law Reform Commission (SALRC)
released a Discussion Paper on the practice of ukuthwala. The
Discussion paper was revised and released again in 2015 to
include public consultations and the ...
Sub-regional organisations and the responsibility to protect: A case for the localisation and normative repatriation of sub-regional authority for coercive measures
(Scielo South Africa, 2021)
The adoption of the responsibility to protect by the United Nations General Assembly marked a key milestone in the advancement of human security and the international protection of human rights. The textual adoption by the ...
Mainstreaming the ‘Abortion question’ into the right to health in Uganda
(Dullah Omar Institute, 2021)
The right to health is a social and economic right that requires progressive realisation by
states (Chenwi 2013). Although Uganda’s Constitution does not provide for the right to health,
the country is a signatory to the ...
Child soldiers and the defence of duress under International Criminal Law
(Routledge, 2021)
Atrocities committed by children are frequently explained away by arguments of coercion:
children are forced by commanders to participate in acts of extreme violence, threatened
with brutal punishment if they fail to ...
Evolving statutory derivative action principles in South Africa: The good faith criterion and other legal grounds
(Cambridge University Press, 2021)
The recent Supreme Court of Appeal (SCA) judgment in Lazarus Mbethe v United
Manganese of Kalahari raises jurisprudential questions regarding statutory derivative
actions in South Africa. For example, the SCA did not ...
The protection of internally displaced children in Africa: A doctrinal analysis of article 23(4) of the African children’s charter
(Cambridge University Press, 2021)
This article considers the protection of, and assistance for, internally displaced children (IDCs) in Africa. Internal displacement has become one of Africa’s most pressing human rights challenges. Over the last decade, ...
How loud is too loud? Competing rights to religious freedom and property and the Muslim call to prayer (adhan or azan) in South Africa
(MPDI, 2021)
This article approaches the position of the call to prayer (adhan or azan) in South Africa
from the perspective of both legislation and case law. Although only an unamplified adhan has
religious status in Islam, Muslim ...
The right to return to one's country in Africa: Article 12(2) of the African Charter on Human and Peoples' Rights
(Scielo South Africa, 2021)
At the height of the COVID-19 pandemic many African countries barred people, including citizens and foreign nationals, from entering or leaving their territories. This was the case although article 12(2) of the African ...
The Islamic Law of Marriage and Inheritance in Kenya
(Cambridge University, 2021)
Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the
extent strictly necessary for the application of” Islamic law “in matters relating to
personal status, marriage, divorce and inheritance”. ...