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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 ...
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”. ...
Evaluating the role of the African committee of experts on the rights and welfare of the child in the Covid-19 era: Visualising the African child in 2050
(University of Pretoria, 2021)
Africa has gained much traction in recognising the rights of
the child with an emphasis on his or her holistic environments. Three
general environments that affect a child are identified: first, a peaceful
environment ...
Democratic policing: A conceptual framework
(LDD - Law, Democracy & Development, 2021)
Democratic policing, as opposed to regime policing, must meet at least three requirements: there is democratic accountability of and for the police; the police adhere to the rule of law; and the police behave in a manner ...
Towards a legal and regulatory framework for South African domestic remittances: Some considerations
(AHMR - African Human Mobility Review, 2021)
This paper is an exploratory study that examines the legal and regulatory framework
for domestic remittances within the South African legal context. The author makes
some proposals for consideration in the review of the ...
One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe’s constitutional socio-economic rights
(African Human Rights Law Journal, 2021)
In 2013 Zimbabwe enacted a new Constitution, introducing a raft of new changes, among them, the introduction of constitutional socio-economic rights. Not soon thereafter socio-economic rights were tested in the case of ...