Author: Thandwa Dlamini
Department of Sociology, Faculty of Humanities, University of Pretoria
At the International Conference on Population and Development (ICPD) in 1994, the right to sexual and reproductive health was recognised as the core of development. The right has also been embedded in various conventions, including the Convention on the Rights of the Child where it was established that adolescents have a right to ‘age-appropriate’ sexual and reproductive health information, education, and services that enable them to deal positively and responsibly with their sexuality. However, these agreements have not been fully and effectively implemented in Africa mainly because the policies of most African countries are framed on the basis of religious morality which pushes the unrealistic agenda of abstinence. As a result, a line between impermissible age discrimination and legitimate protection of minors has been difficult to draw in young adolescents’ sexual relations. This article argues that there is a need to direct attention to the issues involved in consensual relations among young adolescents, in tandem with other strategies that work towards giving them full sexual autonomy whilst curtailing unsafe, risky health outcomes and violence.
Many thanks to Keikantse Phele, a Botswana based Human Rights lawyer and LL.M. graduate in Sexual and Reproductive Rights in Africa, at the Centre for Human Rights of the University of Pretoria’s Faculty of Law. Her summary and analysis of this pioneering decision has just been published among the online updates to co-published third volume of case summaries, Legal Grounds: Reproductive and Sexual Rights in Sub-Saharan African Courts. We are pleased to circulate brief excerpts:
Ricky Nathanson v Farai Mteliso, The Officer in Charge Bulawayo Central Police Station, Commissioner of Police and the Minister of Home Affairs, Case no.HB 176/19 HC 1873/14  ZWBHC 135( (14 November 2019); (Zimbabwe, High Court) Decision online. Case Summary by Keikantse Phele (download PDF).
COURT HOLDING: The Plaintiff, a transgender woman, was awarded damages of 400,000 ZWD, for unlawful and malicious arrest during which she was subjected to inhuman…
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Many thanks to Benson Chakaya, a D.Phil Candidate and M.Phil Graduate in the LL.M./M.Phil (Sexual & Reproductive Rights in Africa) degree program at the Centre for Human Rights, Faculty of Law, University of Pretoria. He also serves as National Coordinator for Right Here Right Now Kenya hosted by the Family Health Options Kenya and formerly worked with the Network of African National Human Rights Institutions. His full case summary and comment has been added to the online update of Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts.
We also thank Bernard Dickens, Professor Emeritus of Health Law and Policy at the University of Toronto, co-editor and author of Abortion Law in Transnational Perspective: Cases and Controversies (2014), who provided a concise overview of this important decision:
Federation of Women Lawyers (Fida – Kenya) & 3 others v Attorney General& 2 others  eKLR, Petition No…
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Making policy changes on the domestic level: a critical exposition of the Convention of the Rights of Persons with Disabilities (CRPD)Posted: 9 February, 2021
Author: Oludayo Olufowobi
Law student, University of Lagos
Fifteen percent of the world population experience some form of disability, with between 110 million and 190 million people experiencing significant disabilities. Persons with disabilities are more susceptible to experiencing more adverse socio-economic or living conditions compared to others. The Convention on the Rights of Persons with Disabilities (CRPD) aims to bridge this gap. At the domestic level, persons with disabilities are most times subjected to live as second-class citizens. Discriminatory practices in our society and deficits in inclusive infrastructure exacerbate this problem. It is against this premise that this article seeks to explore the peculiarities of the Nigerian landscape, taking into account its plaguing insecurity, infrastructural deficits, and lapses in the protection of the human rights of persons with disabilities. There is a focus on the Discrimination Against Persons with Disabilities (Prohibition Act) 2018 vis-a-vis the government’s quest to realise the objectives of the CRPD.
|Author: Balingene Kahombo
Professor of Public Law and African International Relations, Faculty of Law, University of Goma (Democratic Republic of Congo)
|Author: Trésor M. Makunya
Doctoral Candidate & Academic Associate, Centre for Human Rights, Faculty of Law, University of Pretoria (South Africa)
The Organisation for the Harmonisation of Business Law in Africa (OHADA) is a supranational organisation established by the Treaty of Port-Louis of 17 October 1993 to standardise business legislation and regulation in Africa. It was believed that the creation of OHADA will attract foreign investors because its norms increase legal and judicial security and certainty. The imperfection, disparity and inaccessibility of existing business-related legal rules and judicial institutions were identified as major problems to address. The OHADA sought to combat the ‘backwardness’ of African business law by adopting legislation regulating different aspects of business, such as company law, simplified recovery procedures and enforcement measures, and labour law. These laws are known as uniform acts.
Author: Kwasi Asiedu Abrokwah
Operational Supervisor, Prime Legacy Construction Pty; Communications Director, The Great People of South Africa
Gender-based violence (GBV) is defined as violence that is directed against a person on the basis of their gender or sex, including acts that inflict physical, mental, or sexual harm (intimate partner violence or non-intimate partner violence), suffering threats of such acts, coercion and deprivations of liberty. According to the United Nations Women’s Organisation (UNWomen), it is estimated that 35 percent of women worldwide have experienced either physical or sexual violence at some point in their lives. In the West African region, Liberia, Cote d´Ivoire and Sierra Leone are examples of countries where GBV were used as weapons of war. GBV has been a huge problem in Africa where women and children are violated by men. GBV occurs in various forms, including femicide, female genital mutilation (FGM), child marriage, intimate partner violence, sexual harassment, sexual violence and kidnapping. It may also occur in the form of socio-economic violence, including discrimination and denial of opportunities or services on the basis of sex, gender, sexual orientation.
When policy isn’t enough: Examining accessibility of sexual and reproductive health rights for displaced populations in South AfricaPosted: 21 December, 2020
Author: Lidya Stamper
Research Fellow, Centre of Human Rights, University of Pretoria
The right to sexual and reproductive health services (SRHS) is a fundamental human right for all, guaranteed under international human rights law. Legal protections outlining these rights have been recognised in South Africa through international, regional and domestic instruments. More specifically, these protections are highlighted and specified in documents such as the ‘Convention on the Elimination of all Forms of Discrimination Against Women’ (CEDAW), the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), and the 1996 Constitution of the Republic of South Africa. Despite the presence of these legal frameworks, outlining equality and non-discrimination, persistent inequalities continue to act as barriers to exercising SRHS. Legislative and policy advances in SRH have been undermined by a lack of successful implementation and improvements in service delivery, service accessibility, and service availability. Implementation challenges combined with a fragmented health sector have resulted in various obstacles including a lack of standardised care, gaps in the dissemination of information, overburdened health facilities, and provider opposition. Social conditions such as gender inequality, poor access to health services, and provider attitudes continue to reinforce these barriers, undermining many of the intended outcomes of the existing legislative and policy advances in the SRH realm.
Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
16 Days of Activism against Gender-Based Violence is an international campaign that runs yearly from 25 November, the International Day for the Elimination of Violence against Women, to 10 December, International Human Rights Day. The period is observed in many African countries including Kenya, culminating in a colorful thematic event on the last day of the campaign. During this period, governments may reevaluate their national policies and action plans to completely eradicate practices that discriminately affect women in the community. This campaign provides an opportune moment to create awareness, on a worldwide scale, of the prevalence of sexual and gender-based violence (SGBV) and to galvanise support to curtail its escalation to pandemic proportions.
‘Why you say negro?’ Racism in football: the PSG v Basaksehir incident, an all-time low for football?Posted: 10 December, 2020
Author: Foluso Adegalu
Centre for Human Rights, University of Pretoria
For football lovers, the Union of Eurpean Football Associations (UEFA) Champions League is arguably the biggest football competition. While there are divided opinions as to whether the tournament is bigger than the FIFA World Cup, it is undisputedly the biggest competition at the club level. Following some disruptions to the competition due to the COVID-19 pandemic, the group stage of the 2020-21 season commenced on 20 October 2020. The final round of matches for the group stage were scheduled for 8-9 December. One of the group stage matches scheduled for 8 December was the Group H tie between Paris Saint-Germain (PSG) of France and Istanbul Başakşehir F.K. (Başakşehir) of Turkey. The match was scheduled to be played at Parc des Princes, the home ground of the French club.
Author: Tatiana Makunike
From a constructive perspective, technology has the potential to significantly contribute to the progress of the human rights agenda, especially in Africa. Healthcare, education, emerging laws that restrict freedom of speech, and abuses by armed groups are some of the Human rights issues that technology could positively impact. Technology is increasingly becoming the backbone of most infrastructures and playing an important role in modern humanity; so automatically, its necessity as a tool for human rights has also increased.
The need for digital structures that improve the predictions of pressing human rights situations is evident. Fortunately, the tools for analysing the situations and strategising ideal responses exist and continue to improve. For instance, remote sensing and satellite data analysis systems now identify patterns indicating humanitarian disasters and displaced groups which may be useful when monitoring inaccessible areas or countries such as Uganda, Sudan, and Ethiopia which are currently home to over 3 million refugees. Decentralised technologies like BlockChain are also proving valuable when it comes to eliminating labor exploitation issues in certain supply chains and forensic technology can reconstruct crime scenes.